How to draft a legal affidavit?

Answer By law4u team

Drafting a legal affidavit in India requires careful preparation because it is a sworn statement that can be used as evidence in legal proceedings. An affidavit must contain true facts stated clearly and must be signed before an authorized officer such as a notary or oath commissioner. The legal validity of affidavits is generally recognized under the Indian Evidence Act, 1872 and authentication is commonly done under the framework of the Notaries Act, 1952. To draft a proper affidavit you should begin with a title that mentions the purpose of the affidavit, for example affidavit for address proof or affidavit for court matter. After the title you should write the details of the deponent which include full name, age, occupation, and complete residential address. This identifies the person making the statement. Next comes the body of the affidavit. The facts must be written in numbered paragraphs in simple and clear language. Each paragraph should contain one specific fact. The statements must be based on personal knowledge or belief and should not include false or misleading information. If documents are referred to they can be mentioned as annexures. After stating all facts there should be a verification clause. In this part the deponent declares that the contents of the affidavit are true and correct to the best of his or her knowledge and belief and nothing material has been concealed. The affidavit must then be signed by the deponent in the presence of a notary public or oath commissioner. The authorized officer will verify identity, witness the signature, and put an official seal and signature. In many cases the affidavit is prepared on non judicial stamp paper of appropriate value as per state rules. Affidavits are commonly used in court cases, property matters, name change, family disputes, company matters, government applications, and many other legal situations where a sworn declaration is required.

Answer By Ayantika Mondal

Dear Client, The affidavit needs to begin with the first person who must identify himself by name, age, and address together with his official capacity, followed by numbered sections which contain facts that he knows personally or facts that he knows from specified sources. The document should contain a verification clause that identifies which statements the deponent knows to be true and which he believes to be true according to Order XIX Rule 3 of the Code of Civil Procedure 1908. The document needs to be signed by the authorized person who will conduct the oath by using approved non-judicial stamp paper according to the Stamp laws that apply in the respective state. The deponent must sign each page, and the attesting authority must affix seal and signature confirming administration of oath. Section 229 of the Bharatiya Nyaya Sanhita 2023 establishes penal penalties for making false statements in an affidavit which leads to false testimony. The supporting documents must be attached as exhibits which are to be marked with appropriate identification. The deponent needs to present proper identification at the time of attestation. The affidavit upon completion of necessary procedures establishes its status as a legal document which both parties can use during judicial and quasi-judicial processes. I hope this answer is helpful. For further queries, contact us. Thank you.