Understanding the Role of Affidavits in Legal Proceedings

An Affidavit is a written statement used for swearing before an authority. Affidavit drafting is helpful in many matters be it divorce cases, property disputes, debt disputes, confirmation of documents, name change, residential address change & verification and many more.

A person who is of sound mind and more than 18 years of age can draft an affidavit. The person making the affidavit in his name must sign and attest each page of the affidavit. Incase a person is physically not available, an affidavit is useful. A person can use an affidavit if they are unable to appear in court due to physical, mental, or other personal reasons. Courts use affidavits to issue final judgments and orders based on them.

Purpose of Affidavit drafting

Affidavits are commonly used in court proceedings as a substitute to a person who is unable to attend court to give oral evidence. It is well organized, concise and clear as it can also come under public attention.

Types of Affidavits

• Affidavit of Heirship: In the cases of wills, inheritance of property an affidavit acts as a tool to ease family disputes and acts as a legal instrument in the eye of the law.
• A ffidavit of Domicile: These kind of affidavit are related to the matter of permanency of residence of individuals.
• Affidavit of support: These kinds of affidavit are used when an individual is immigrating from one country to another.
• Affidavit to change the name: These affidavits are used for changing the name or verifying names of individual, etc.
• Affidavit to Death: In the cases of death of an individual it is the declaration of the end of life span of a person.
• Affidavit of power of attorney:Power of Attorney is a legally binding document that confers authority to an individual, in regard with legal and financial matters. It acts as the Affidavit for Power of Attorney and acts as a priceless tool for various transactions.
• Affidavit of marriage : This type of affidavit is a declaration made by the spouses in a wedlock.

Role of Affidavits

• Legal Proceedings: Affidavits serve as proof to support claims, witness testimony and establish facts. Courts rely populary on affidavits to assist with statements of the party..
• Business Transactions: Affidavits are also use in businesses in delivering particular service or sale. It provides a perception of security and guarantee in the transaction.
• Real-Estate Transactions: It is common in real estate transactions between the owner and the purchaser to confirm the ownership of property.
• Financial Transactions: Banks generally require affidavits for loan sanctioning, transactions and employment related matters.
• Personal Declarations: It provides a guarantee of the personal information provided by an individual.
• Government Applications: Affidavits affirm the personal information provided by a person to confirm the information and the required background checks. People generally submit these kind of affidavits before seeking employment in the government sector..

Essentials of Affidavit Drafting

1. The affidavits need to be a declaration by the deponent.
2. It must be in writing.
3. A person having authority shall be the witness of an affidavit..
4. Things mentioned in the affidavit should be true and of the best knowledge of the deponent.
5. It shall have clear mention of the signature and date of enforcing the affidavit.
6. The affidavits shall have the background and purpose stated clearly.

Features of Affidavit Drafting

Affidavits and affidavit drafting have a variety of usage be it divorce, debt disputes, confirmation of legal documents, disagreements related to property, notifying any party of changes and many more. The affidavit holder also uses an affidavit to claim legal rights over property and to provide protection on judgments on the property.

The basic essentials of affidavits are:

1. Title
2. Identity Statement
3. Truth Statement
4. Fact Statement
5. The Final Statement of Truth
6. Sign and Notarization

Punishment for False Affidavit

Following are sections mentioning the legal repercussions of a false affidavit:

• False affidavit or submitting a fake affidavit or false document in evidence before the court of law is an offense under sections 191, 193, 195, and 199 of IPC.
• By applying section 340 read with section 195 of the CrPC before a criminal or civil court for providing false testimony, one can start a legal action against the party.

Conclusion

These affidavits resolve unwanted circumstances in future acting as evidence to prove something. In court proceedings it acts as an evidence for a person who due to any reason cannot appear in the court. In conclusion, an affidavit provides a legal claim and support over a statement or subject matter.