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What is Affidavit?

“Affidavit” has its origin from a Latin word. It actually has the meaning "pledging ones faith." The distinction between an affidavit and deposition is that affidavit is considered to be voluntary. However deposition is most certainly not. By and large it is the view that affidavits are being filed in supporting statements included in the affidavit. Affidavits are commonly being made use of and it is for varied purposes. However it is not the same as a contract or an agreement. So what is affidavit? Affidavit is characterized as a statement which is sworn and is a written statement of facts which is made voluntarily by an individual under an affirmation or oath done by an individual who has been given the legal authority to do so. Such a statement is observed as the authenticity of the signature of that individual by the person who takes the oath, for example, a commissioner or notary of oaths.

What is Notarized Affidavit?

"Notarized" affidavit implies that you have taken the oath that the facts stated in the affidavit are correct, the affidavit has been signed before a public notary, and a public notary has put his/her signature and a seal on the affidavit. The public notary needs to see the signature being put before the notary. Further stamp paper for affidavit is to be used. Affidavit cannot be on plain paper.

Why Affidavits are Filed?

Affidavits originated from the colonial notion of mistrust wherein it was considered important by the colonial British government that the nationals provide a statement in writing to ensure their word. If affidavit is being made to demonstrate our endeavor as it could be witnessed that the Government has distrust in its citizens and do not have faith in what they have to say. Further affidavits are considered to be common and they are being made in our everyday lives. It has been presumed and assumed that whatever declaration is made by a national by an affidavit, could be considered to be correct and required action could be made against.

Types of Affidavits

There are 2 kinds of affidavits: judicial affidavits being made use of in cases filed in courts; and affidavits which are non-judicial utilized "for various other needs". Judicial affidavits are needed to be made for several reasons inclusive of, yet not restricted to proof or supporting an application. Affidavits which are non-judicial are "fundamentally for commercial or administrative causes". Affidavits which are judicial are being made on a legal paper with appropriate court charges and stamps appended. Affidavits which are non-judicial are made on stamp papers which are non-judicial. A specimen of an affidavit on India government’s Ministry of External Affairs website for applying for a passport is of the view that the affidavit is to be carried out on "a stamp paper which is non-judicial and has a minimum value".

How to Get an Affidavit in India?

So how to make affidavit? Each affidavit which includes the statement of facts could be divided into various paragraphs which are numbered. It would be more suitable if each of the paragraphs would be restricted to a distinctive part of the subject. Each individual, other than a defendant or plaintiff in a suit wherein the application is being made, creating an affidavit, might be stated in such a way as would serve to recognize him. This would be to state, by means of the statement of his complete name, father’s name, business or employment, and the residence address. In any affidavit when the affiant discusses any facts within his own particular understanding, affiant should do as such directly and positively, making use of the words 'I affirm'.

At the point when a specific fact does not contain within the own understanding of the declarant, rather is stated from information secured from others, the affiant need to make use of the words 'I am informed', and, if such is the situation, need to include 'and verily consider it to be accurate' – or the affiant might specify the source from wherein he/she acquired such type of information. At the point when the statement is based on facts stated in documents, or duplicates of documents acquired from any court or any other source, the affiant could state the source from wherein they had been attained, and express his belief or information regarding the accuracy of the facts stated in such types of documents.

The Indian law pertaining to affidavits is represented by Order XI of the rules of the Supreme Court and Section 139, Order XIX of the Code of Civil Procedure. Judiciary in several cases has stated the significance of the accuracy of an affidavit by means of the virtuousness of the previously stated sections and rules.

How to Get an Affidavit Online?

Thinking how to create affidavit online? One could get an affidavit made online via our website -– You need to offer us details required for the affidavit. Then we shall make your affidavit on an e-stamp paper and send it to you. "Easy and Fast". You can get your affidavit even without venturing out of your home.

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