Affidavit Generator

Affidavit Generator (INDIA)

Affidavit Generator

Draft common affidavits for use in India.

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Affidavit Generator (India)

Affidavit Generator (India)

Your Guide to Creating Legally Valid Sworn Statements. From court submissions to official applications, a correctly drafted affidavit is essential. This guide and our free tool help you create a valid affidavit with confidence.

Table of Contents

Introduction: The Importance of a Sworn Statement

An Affidavit is a formal written statement of facts, confirmed by the oath or affirmation of the person making it (known as the deponent). It is a document of significant legal value, used as evidence in courts and as a means of verifying information for various government and private authorities. Providing false information in an affidavit is a serious criminal offense.

Given its legal importance, an affidavit must be drafted with precision and care. An Affidavit Generator helps ensure your document follows the correct format and includes all the necessary components, such as the statement of truth and the verification clause, to be legally valid.

Understanding the Legal Basis of an Affidavit

In India, affidavits are governed by the Oaths Act, 1969, and are recognized as a form of evidence under the Indian Evidence Act, 1872, and the Code of Civil Procedure, 1908. The core principle is that the deponent is personally swearing to the truthfulness of the contents, taking full legal responsibility for any falsehoods.

  • Sworn Oath: The statement is not merely a claim; it is a declaration made under oath, administered by a legally authorized person.
  • Personal Knowledge: The facts stated in the affidavit should be within the personal knowledge of the deponent.
  • Presumption of Truth: Courts and authorities presume the contents of an affidavit to be true unless proven otherwise.

Key Components of a Valid Affidavit

A properly drafted affidavit must contain several key components to be considered valid and acceptable:

  • Title: Clearly state the purpose of the affidavit (e.g., “Affidavit for Proof of Address”).
  • Deponent’s Details: Full name, father’s name, age, and complete residential address of the person making the affidavit.
  • Statement of Facts: The main body of the affidavit, where facts are presented in clear, numbered paragraphs.
  • Statement of Truth: A paragraph where the deponent explicitly states that the contents are true.
  • Verification Clause: A formal declaration at the end, stating the date and place where the affidavit is being signed, and confirming the truthfulness of the contents.
  • Signatures: The signature of the deponent and the signature and seal of the attesting authority (e.g., Notary Public).

Introducing the Affidavit Generator Tool

Our Affidavit Generator is a free, user-friendly tool that helps you create a properly structured affidavit for any common purpose in India.

Key Features of the Tool:

  • Purpose-Based Templates: Choose from common templates like name change, proof of income, proof of address, and more.
  • Guided Information Entry: Prompts you to fill in all necessary details, ensuring nothing is missed.
  • Auto-Generated Verification: Automatically creates the legally required verification clause based on your inputs.
  • Clear Formatting: Structures the affidavit in the standard legal format with numbered paragraphs.
  • Print-Ready Output: Generates a clean document ready to be printed on stamp paper for notarization.

FAQs: Your Affidavit Questions, Answered

What is an affidavit and why is it required?

An affidavit is a written, sworn statement of fact made voluntarily by a person (the deponent) under an oath or affirmation administered by a person legally authorized to do so. It is required by courts and government authorities as evidence or to verify the truthfulness of information.

What is the difference between an affidavit and a declaration?

An affidavit is a sworn statement attested by an Oath Commissioner or Notary. A declaration is a simple statement of fact that is not sworn before an authorized official. Affidavits carry greater legal weight as evidence.

Who is a deponent in an affidavit?

The deponent is the person who is making the statement and signing the affidavit. They must have personal knowledge of the facts stated and must be competent to give evidence.

Where do I get an affidavit notarized or attested?

You can get an affidavit attested by a Notary Public, who is commonly found in or near court complexes, or by an Oath Commissioner appointed by the court.

What is the value of stamp paper required for an affidavit in India?

The value of non-judicial stamp paper for an affidavit varies from state to state. Generally, a value of ₹10 or ₹20 is sufficient for most common affidavits, but it is best to check the local state Stamp Act for specific requirements.

What happens if I provide false information in an affidavit?

Providing false information in an affidavit is a criminal offense under the Indian Penal Code, 1860. It amounts to perjury and is punishable with imprisonment and a fine.

Does an affidavit need a witness?

No, an affidavit itself does not require a separate witness. The attestation by the Notary or Oath Commissioner serves as the official witness to the deponent’s signature and oath.

How do I write a verification clause in an affidavit?

The verification clause is crucial. It’s a statement at the end where the deponent confirms that the contents of the affidavit are true to their personal knowledge. A typical format is: ‘I, [Deponent’s Name], do hereby verify that the contents of paragraphs 1 to X are true to my personal knowledge and belief…’

Can an affidavit be used for a name change?

Yes, a name change affidavit is a standard legal document required for the name change process in India. It has to be drafted, printed on stamp paper, notarized, and then published in a newspaper to be legally valid for updating documents like a passport or bank account.

What is the validity period of an affidavit?

An affidavit does not have a specific ‘expiry date.’ Its validity depends on the context. However, for certain purposes, an authority might ask for a recently executed affidavit (e.g., within the last six months).

Can an NRI (Non-Resident Indian) execute an affidavit for use in India?

Yes. An NRI can execute an affidavit in their country of residence before an official at the local Indian Embassy or Consulate. This attested affidavit is then considered valid for use in India.

Is an unsigned or unattested affidavit valid?

No. An affidavit is legally worthless if it is not signed by the deponent and properly attested (with seal and signature) by a Notary Public or another authorized official.

What is the difference between taking an oath and making an affirmation?

An oath is a solemn promise, often invoking a divine being (e.g., ‘I swear in the name of God’). An affirmation is a solemn declaration for those who do not wish to swear by a deity. Both have the same legal effect.

Can I use one affidavit for multiple purposes?

It is generally not advisable. An affidavit is usually drafted for a specific purpose and submitted to a specific authority. It’s best to create a separate affidavit for each distinct purpose to avoid confusion and rejection.

What language should an affidavit be in?

An affidavit should be in the language of the court or authority where it is being submitted. In India, this is typically English, but it can also be in the local official language of the state. If the deponent does not understand the language of the affidavit, it must be read and explained to them by the attesting official.

Create Your Affidavit with Accuracy and Ease

Ensure your sworn statements are legally sound and correctly formatted. Use our free generator to draft your affidavit for any purpose, saving you time and preventing common errors.

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Disclaimer

This guide and drafting tool are for informational purposes only and do not constitute legal advice. The requirements for affidavits can vary based on the purpose and jurisdiction. It is always recommended to consult a qualified lawyer for specific legal needs.