Affidavit: Uses and types.

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Here are notes on use of an affidavit and all of its types depending upon its use. Please read till the end. To support me please share and follow this blog.

Introduction with meaning and definition of Affidavit

Essential Features of An Affidavit

The components of an Affidavit

Use of Affidavit: -

An Affidavit can be required as a piece of documentation in any dispute before a court.

In Indian law, although an affidavit may be taken as proof of the facts stated therein, the courts have no jurisdiction to admit evidence by way of affidavit.

Affidavit is not treated as "evidence" within the meaning of Section 3 of the Evidence Act.

However, it was held by the Supreme Court that an affidavit can be used as evidence only if the court so orders for sufficient reasons, namely, the right of the opposite party to have the deponent produced for cross-examination.

Therefore, an affidavit cannot ordinarily be used as evidence in absence of a specific order of the court. Means there should be a specific order of the Court to use an Affidavit as Evidence.

Types of affidavit

There are various occasions or circumstances when a person needs an affidavit for a specific purpose and for that reason there are multiple as listed below:

Name Change Affidavits

1. General Name Change Affidavit

2. Change of Name After Marriage Affidavit

3. Change of Name of Minor Affidavit

4. One and the Same Person Affidavit

Change of Signature Affidavit

Address Proof Affidavit

Proof of Date or Proof of Birth Affidavit

Income Proof Affidavit

Joint Affidavit for Registration of Marriage

Affidavit for No-criminal record

Affidavit for Claim Settlement in Bank

Affidavit for Issue of Duplicate Certificates/Documents/Mark lists

First Child Affidavit

Affidavit for Educational Loan

Anti Ragging Affidavit

Affidavit for gap in education/employment

Passport Affidavits – also known as Annexure; Annexure are to be made strictly according to the formats issued by the Ministry of External Affairs

LPG Annexure

Affidavit of Heirship

Affidavit of Identity Theft

Affidavit of Small Estate

Affidavit of Support

Affidavit of Residence

Affidavit of Service

Divorce Affidavit

Financial Affidavit

The common times when an individual uses an affidavit are:

Property disputes

Divorce proceedings

Debt cases

Bail pleas

Family law issues

Estate planning

Legal issues

Name change

Identify theft cases

Death

Date of birth proof

Bail affidavit

To issue a legal notice

House declaration

Loan agreement

Rent agreement

In cases (sometimes) for service of process business

What Happens On Filing Of A False Affidavit?

Swearing of a false affidavit can make a person liable to be charged under the Indian Penal Code for the offence of Perjury. It is a grave matter which warrants strict action.

Such provisions ensure that persons who swear untruths in affidavits are aware of the consequences and to prevent them from committing such offences.