How to Draft the Affidavit?

How to Draft the Affidavit?

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How to Draft the Affidavit?
How to Draft the Affidavit?

AFFIDAVIT

An affidavit is a written statement by a person who executes, swears, verifies, affirm on oath. It must be made by a parson voluntary and such person also declares that all the mentioned content in the declaration are true and correct and noting has been concealed. You have the choice to sign the affidavit or sign it before the notary public or oath commissioner. Affidavit is treated as evidence within the meaning of Section 3 of the Evidence Act.  We can sum up the affidavit as it is a written statement confirmed by oath or affirmation, for use as evidence in court.

Affidavit can be explained in simple term by its comparison to oral testimony of an individual. An oral testimony of people you have to swear before the court that you are telling the truth. It can only admissible before a judge but an affidavit can be used as an alternative to this. An affidavit can be understood as written testimony of an individual. You’re under oath, but you’re testimony is on paper.

While making affidavit you have to see that it must not mention any false or misleading information. Since it can lead to perjury charge against the affiant but if the affiant forgets to include something or omits something then he cannot be penalized for such omission. An affidavit should have maintained the fact which is established fact or is backed up by some evidence. In case of any opinion expressed by the deponent it has been categorically mentioned that it is his ‘opinion. As provided in Padmabati Dasi v. Rasik Lal Dhar (1910) ILR 37 Cal 259 every affidavit should clearly express how much is a statement of the affiant’s knowledge and how much is a statement of his belief, and the grounds of belief must be stated with sufficient particularity to enable the Court to judge whether it will be correct to rely on such belief. 

Here are what Barrister Support Services explains:

Benefits

  1. Its purpose is to set out the evidence upon which each party will rely to prove his/ her case.
  2. A person can invoke the power of the Courts under various provisions of the enactments including procedural acts by filing an application supported by affidavits
  3. There are many services in which attachment of affidavit is mandatory. Example: Association registration, company registration etc.

FAQ

  1. What is an Affidavit?

It is a written statement confirmed by oath or affirmation, for use as evidence in court.

  1. What basically an Affidavit contains?

It should mention clearly the full name, fathers’ name, religious persuasion, age, occupation, profession, place of residence of the person on whose behalf an Affidavit has been filed.

  1. For whom can affidavit be made?

As long as a person is old enough to understand the facts and the significance of the oath or affirmation he or she makes, the affidavit is valid.

  1. Who is a Deponent?

The person who makes the affidavit is called a ‘deponent’.

  1. Can documents be attached to affidavits?

Yes, statement made by deponent should be supported by the documents.

  1. What should not be included in an affidavit?

An affidavit should be confined to such facts which can be proved by the deponent. Any hearsay information or imagination or belief cannot be included in the affidavit.

  1. What is Notary requirement?

Affidavit should be notarized by Notary only Code of Civil Procedure, 1908.

To get your Affidavit drafted, kindly contact here

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