An Affidavit is a type of an official statement of in written format composed by an individual, generally called a deponent, following a certain oath. The administration of the affidavit format is conducted by an individual who owns the authority over the regulations related to oaths. The Signature of the official statement can be performed in front of the Oaths Commissioner or the notary public. The person who formulates this official statement declares that the content which are mentioned in the official statement is accurate and true. He further declares that nothing has been kept secret or written wrongly in the official statement.
Generally, an affidavit is regarded as a type of proof for the all the facts that are stated inside it. But, under the laws and regulations of India, the courts are not obliged to have jurisdiction to confirm it as some sort of evidence. It is simply used as an evidence following the Section 3 of the Evidence Act of India. Normally, the official statement can be used for the verification or the penalty of making false statements which will require court room trials. This official statement can be written is either first person or the third person. It depends on the person who is writing the document.
Content In An Affidavit:
Normally, an affidavit has the following details written in them.
- A onset which declares that the truth is related to a fine, a verification, a penalty for false testimonials or an imprisonment
- A clause which is attested to the matter of context should certify the oath claimed by the affiant – the person who is writing the official statement, with the date of writing.
- Signatures of both the affiant and the witness
- Inclusion of the caption with the venue and the title of the notary public will have to done as well. This will serves as a reference within the court room.
Affidavit as a Document:
The main requirement of an affidavit is that it acts as some documentation which can be used to settle down disputes in the court room. Normally, the official statements are used during these following criteria.
- Disputes related to property
- Proceedings of divorce
- Cases of debts
- Pleas of bail
- Law Issues regarding family
- Making plans about estate
- Legal issues
- Changing a name
- Identification of the theft cases
- Proof for date of birth
- Affidavit about bails
- To issue a legal notice
- Declaration of claiming a house
- Agreement of Loan
- Agreement of Rent
- Sometimes also for the cases including business processes
An affidavit is a very important piece of document. It helps to settle down disputes and performs as a clear documentation system for future benefits.
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