Affidavit is a declaration of facts made in writing and sworn before a person having the authority to administer oath. All affidavits are verified statements and printed on Stamp papers of different denominations
Creation of an Affidavit:
In order to create an affidavit, an individual should have attained majority and should be in a position to understand the nature of the contents sworn.
Essential Features Of An Affidavit:
- An Affidavit should be in writing
- It must be a declaration made by an individual
- It must relate to facts alone
- It must be made in the first person
- It must be sworn before an officer or magistrate who is authorized to administer oath.
Following are examples of the commonly used affidavits in India:
- Name Change Affidavits
- General Name Change Affidavit
- Change of Name After Marriage Affidavit
- Change of Name of Minor Affidavit
- One and the Same Person Affidavit
- Change of Signature Affidavit
- Address Proof Affidavit
- Proof of Date of Birth Affidavit
- Income Proof Affidavit
- Joint Affidavit for Registration of Marriage
- Affidavit for No-criminal record
- Affidavit for Claim Settlement in Bank
- Affidavit for Issue of Duplicate Certificates/Documents/Mark lists
- First Child Affidavit
- Affidavit for Educational Loan
- Anti Ragging Affidavit
- Affidavit for gap in education/employment.
Swearing of a false affidavit can make a person liable to be charged under the Indian Penal Code for the offence of Perjury.
A notary is a publicly commissioned official who serves as an impartial witness to the signing of a legal document. Document signings where the services of a notary are likely include real estate deeds, affidavits, wills, trusts and powers of attorney. The main reason a notary is used is to deter fraud. Notaries cannot refuse to witness a document based on race, nationality, religion or sex.
A notary, also referred to a notary public, can be used as a way to create a trustworthy environment for the parties to an agreement. For a document to be notarized, it must contain a stated commitment. The document must also contain original signatures from the parties involved. Prior to the signing of a document, notaries ask for photo identification from the participating parties. A notary can refuse to authenticate a document if uncertain about the identity of the signing parties or there is evidence of fraud. The document then receives a notarial certificate and the seal of the notary who witnessed the signings