An affidavit is a written statement of truth. An affidavit is used for the purpose of proving in court that a claim is true, and is typically used in conjunction with witness statements and other corroborating evidence. It is a form of a validated statement or showing, or in different words, it carries a verification, which means that it is made under oath on penalty of perjury, and this serves as proof for its veracity and is needed in court cases. Affidavits are used considerably for imparting evidence and different records in the course of civil and criminal court cases in India. An affidavit is characterized as a sworn declaration or proclamation that authenticates the exactness and honesty of a particular reality, and is fundamentally utilized in a courtroom. Under the Code of Civil Procedure, the court can also add an order for any truth to be proved through an affidavit. In a civil case, the examination-in-chief of a witness is usually in the form of an affidavit. Aside from the principle evidence, affidavits are needed to be petitioned for assorted various capacities within the court. If there should arise an occurrence of disappointment of request, the official responsible for the assistance needs to give his report upheld by an oath. In criminal lawsuits, an application for plea bargaining needs to be accompanied by an affidavit of the accused pointing out that he had voluntarily desired plea bargaining. Through an affidavit, an individual swears that the information contained within is true to the best of their knowledge. A signed affidavit form must include the following:

1. Affiant: the individual signing the affidavit and swearing the information is true.

2. Affirmation: a written statement of events exactly as they happened, and that the affiant believes is true.

3. Witnesses: impartial third parties formally certifying they were present when the affiant signed the affidavit.

4. Penalty of perjury: a statement declaring that the affiant can be tried in court if their testimony is proven false.

5. Notary public: a public official who will sign the affidavit and authenticate the oath and affirmation of the affiant.

6. Attachments: any additional documents that support the sworn testimony of the affidavit.

Affidavits commonly used in the following situations:

–           Proving a relationship to a deceased individual

–           Verifying finances to a judge or bank

–           Being summoned to court because of a lawsuit against you

–           Purchasing land or real estate

–           Distributing property to beneficiaries of a last will and testament.

It is to be noted that second-hand information (known as “hearsay evidence”) isn’t legally permissible through an affidavit.

TYPES OF AFFIDAVITS

Small Estate affidavit: A common document of the probate process, a small estate affidavit assists the property distribution process of a deceased individual. This affidavit can quickly transfer property to beneficiaries if the deceased’s estate is below a certain value (dependent on state law). Costly things like vehicles or land aren’t normally included in small estate affidavits as they tend to surpass the sum permitted by the state and must be transferred through other means.

Affidavit of Identity:  This affidavit is used to verify that you are who you claim to be. This type of affidavit is mostly used  by banks or other financial institutions to certify people’s identity.

Affidavit of Title:  This affidavit is used during real estate transactions. and unlike a quitclaim deed, proves the seller owns a given property and isn’t currently undergoing bankruptcy. An affidavit of title further protects the buyer by attesting that they’re the sole recipients of the property, and no other person or party has a claim to the real estate in question.

Affidavit on Heirships:  This affidavit is also used in during the probate process helping to verify that whether anyone had a familial relationship with the deceased. This assists speed with increasing property dispersion after a relative passes away.

Affidavit of Residence:  An affidavit of residence proves that you or someone else lived at a stated address. This type of affidavit is used for multiple purposes like applying for a job or applying for the admission of a child in a school or college.

Affidavit of Domicile :  Unless some person has been named an executor of an estate, this type of affidavit helps to attest that the deceased person actually lived at their declared primary residence. This verification is needed in order to efficiently transfer ownership of specific properties like stocks and securities. This type of affidavit is mostly used in case of Private International Law.

Affidavit of Death :  When an individual passes away, a close friend or family member, or legal professional with the help of this affidavit verifies the deceased personal information and date of death in order to efficiently handle legal or financial affairs, if any, left unfinished by the deceased.

Affidavit of service:  Except if you’ve been forced to bear a claim, odds are good that you did not need to manage a sworn statement of administration — however you’ve probably seen somebody being “served” in movies or court shows. This affidavit is used by Process servers (someone tasked with delivering important legal papers) to verify that the recipient was given relevant documents like an official summons to appear in court due to a lawsuit.

Financial Affidavit :  A financial affidavit contains all relevant information about the person’s current finances like total income, debts, and expenses.

Gift Affidavit:  This legal document verifies that a person has voluntarily and willingly transferred ownership of property to another person as a gift. A gift affidavit helps guarantee the recipient was given the property free and clear, and the donor hasn’t been wrongfully coerced into giving the property away.

CONCLUSION

Due to the pandemic, the Supreme Court led the way by switching over to digital hearings right away after the declaration of a national lockdown in March 2020. While it is simple to keep contactless digital hearings in appellate courts, it’s far a frightening assignment in trial courts where the proof is needed to be discovered[1]. Having a properly written, signed, and notarized affidavit is a key component of many legal processes — so it’s important to completely understand what an affidavit is before a person agrees to sign one.

[1] Priyangshu Nag Chowdhury-Affidavit, affidavit – Aishwarya Sandeep, visited on 30-08-2021 at 17:41hrs.

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