What is an Affidavit and What are the Uses of it?

At SuperCA, we know that the legal world can be complex and overwhelming. That's why we're here to help demystify the process, starting with an important legal document known as an affidavit. So, what is affidavit ? In simple terms, it's a sworn statement that can make or break a case. A written statement that a person swears is true and accurate in front of a court or notary public is called an affidavit. But what is affidavit exactly? Well, an affidavit can be used in a variety of legal contexts in India, from supplying evidence in court to verifying facts in administrative proceedings. When you sign an affidavit, you're putting your credibility on the line and committing to telling the truth.

In a legal proceeding, an affidavit, also known as an attestation, is a declaration or statement given under oath by a person who is neither the defendant nor the plaintiff. Its purpose is to establish the validity of certain facts in the case. An affidavit can be used to either support or contradict a claim or argument presented in court.

What is Affidavit Types and Their Application Instances

Affidavits are used in and out of court for many purposes. Affidavits are frequently used in the following situations in India:

• Affidavits for age verification are often required by organizations like schools and businesses to prove that a person is the stated age. This affidavit might be necessary if the person cannot produce a birth certificate or another official document verifying their age.
• To legally alter one's name, an affidavit for name change must be submitted to the appropriate authorities. Common uses for this affidavit include registering with a government agency and making a public notice.
• In order to legally register their marriage in India under the Special Marriage Act of 1954, couples need to fill out a marriage affidavit. The couple's ability to legally marry is confirmed by this affidavit.
• When other forms of proof, like pay stubs or tax returns, are unavailable, a person may utilize an affidavit for verification of income to disclose their earnings. In order to be eligible for government schemes or financing, this affidavit is often required.
• An affidavit may also be used to prove a fact or make a claim in a dispute over property or during the transfer of property ownership. When it comes to settling legal disputes over property and streamlining business dealings, this affidavit is a must-have.

India's Affidavit and Stamp Duties

Stamp duty is levied on sworn statements and other official papers used in the legal system. In India, the stamp duty that must be paid on an affidavit varies from state to state. Stamp duty rates vary by state and by the nature and purpose of the affidavit.

For instance, stamp duty on affidavits ranges from 10 INR in Delhi to 100 INR in Maharashtra. Affidavits are only considered legally binding if the relevant stamp duty has been paid.

Affidavits in India need the payment of stamp duty, which plays a significant role in the legal system. Information contained in affidavits that have not been properly stamped may be thrown out of court. Hence, it is crucial to pay the correct stamp duty on an affidavit to avoid any potential issues in the future.

Affidavit Witnesses' Role

Affidavits in India require witness signatures for execution. A person who signs an affidavit is essentially making a solemn declaration that the information contained therein is truthful and correct. In this case, having witnesses present is crucial.

When signing an affidavit, it is customary to have a third party attest to the signer's identity and confirm that their signature was given freely and knowingly. Affidavit witnesses should generally not have any stake in the matter at hand. They must be of sound mind and be able to understand the contents of the text they are perusing.

However, an affidavit's need for witnesses varies according to its purpose and subject matter. Multiple witnesses may be needed for certain affidavits, especially those used in real estate deals. A single witness may be sufficient for an affidavit relating to a change of name or proof of age.

Signing an affidavit in front of a notary public or judicial official is required for affidavits that will be utilized in legal proceedings. A notary public or court officer acts as a witness to the signing of an affidavit in such cases, guaranteeing that the signer is who they claim to be and understands the seriousness of the repercussions of supplying false information.

The ability to claim facts, give evidence, or verify information in a number of circumstances is greatly facilitated by affidavits. They require stamp duty as part of the process since it certifies the document as genuine and ensures its acceptance in court. They become more credible legal documents when signed in the presence of witnesses because they eliminate the possibility of fraud or deception. Hence, Stamp duty and witness attendance at the time an affidavit is signed are both essential to the document's legal standing.

Bottomline

Affidavits can be used for various purposes by any citizen who knows what is affidavit and  is aware of its significance, willing to pay the required stamp duty, and includes the required witnesses. Whether it's for a name change, a marriage license, or a property purchase, an affidavit is an essential way to claim and verify crucial information.The importance of affidavits, stamp duty, and witnesses cannot be overstated in the Indian legal system. The stamp obligation and the presence of witnesses ensure the legal validity of an affidavit, which serves to establish facts and validate information. To successfully navigate the Indian legal system, one must have a firm grasp on the significance of affidavits, stamp duty, and witnesses.

We understand the importance of getting an affidavit right, which is why we offer expert guidance and support throughout the process. So, the next time you're faced with the question of what is affidavit , rest assured that SuperCA has got you covered. You can connect with us to dive into a world of infinite possibilities and stay up-to-date with the latest updates, news blogs, and articles on MSMEs, business tips, income tax, GST, Compliances, and many more.