Affidavit

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What is affidavit?

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

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Advantage

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.

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FAQ

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

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.

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.

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

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

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.

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

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