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Affidavit Format India

Affidavit — Indian Oaths Act, 1873 · Notarised Sworn Statement

iGuideline Summary

An affidavit is a written sworn statement of fact, voluntarily made under oath or affirmation before a notary, magistrate, or commissioner of oaths. In India, affidavits are used extensively for government and legal purposes — name change, address proof, income declaration, date of birth correction, marital status, identity proof, and court proceedings. An affidavit must be executed on non-judicial stamp paper of appropriate value, signed by the deponent, and attested by a notary or magistrate. Affidavits are governed by the Indian Oaths Act, 1873 and are subject to contempt of court and Section 199 IPC (false statement in declaration) if false statements are made. VERIFY_OFFICIAL_SOURCE: Indian Oaths Act 1873 and applicable state stamp duty for stamp paper value.

⚠️ VERIFY_OFFICIAL_SOURCE: Stamp paper value for affidavits varies by state and purpose. Check your state stamp duty schedule.

When to File This Complaint

  • Name change — changed name by marriage, deed poll, or correction
  • Address proof — when other documents are not available
  • Date of birth correction in documents
  • Income declaration for various applications
  • Marital status declaration
  • Supporting document for court proceedings
  • Lost document declaration (lost Aadhaar, PAN, etc.)
  • Self-attestation of facts for government schemes

Documents Required

  • Identity proof of deponent (Aadhaar, PAN, passport)
  • Supporting documents for the specific purpose of affidavit
  • Non-judicial stamp paper (value as per state)
  • Previous name proof (for name change affidavit)
  • Marriage certificate (for name change after marriage)

Common Mistakes to Avoid

  • Using wrong denomination stamp paper (affects validity)
  • Incorrect deponent details (name, address, age)
  • Vague or ambiguous statements (must be specific and clear)
  • Not getting notarised or attested by authorised officer
  • Making false statements (contempt of court, criminal offence)
  • Not mentioning the purpose clearly in the affidavit

Frequently Asked Questions

Who can attest an affidavit in India?

Affidavits can be attested by: First Class Magistrate, Notary Public (appointed under Notaries Act 1952), Commissioner of Oaths, or any Court official authorised for this purpose. Some authorities also accept executive magistrates and sub-divisional magistrates.

What is the stamp paper value for an affidavit?

Stamp paper value varies by state and type of affidavit. Common values are ₹10, ₹20, ₹50, or ₹100. For court affidavits, the value may be higher. VERIFY_OFFICIAL_SOURCE: Your state Stamps Act for current denominations.

What is the difference between an affidavit and a declaration?

An affidavit is sworn under oath before an authorised officer. A declaration (or self-declaration) is a statement made without oath. Affidavits carry greater legal weight and are required for court submissions and formal government purposes.

Can I write an affidavit myself?

Yes, you can draft the content yourself or use GetNyay to generate the draft. However, the affidavit must be executed on proper stamp paper and attested/notarised by an authorised officer to be legally valid.

Does GetNyay provide legal advice on affidavits?

No. GetNyay is an AI drafting tool. The affidavit draft generated is for reference only and should be verified by a qualified advocate to ensure it meets the specific requirements of the authority or purpose for which it is needed.

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Escalation Path

  1. 1
    Draft affidavit on appropriate stamp paper
  2. 2
    Verify content — must be factually accurate
  3. 3
    Get affidavit notarised or attested by Magistrate / Notary Public
  4. 4
    Submit affidavit to the requiring authority
  5. 5
    Publish in newspaper (required for name change in some states)
  6. 6
    Gazette notification (for official name change)

Important Disclaimer

GetNyay is not a law firm, not an advocate, and is not affiliated with any government body. We do not provide legal representation or guarantee complaint resolution. All information is for educational and self-help purposes only. Users are responsible for verifying final content before submission. Regulator contact details and timelines are informational — always verify at official government portals before relying on them.

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