How to File an Affidavit in India – Format, Types & Legal Requirements 2025

Affidavit needed for passport? Court case? Name change? Property matter?

Affidavit = Sworn written statement used as evidence in legal/official matters. Millions of Indians file affidavits annually for various purposes.

Let's understand what affidavits are, when needed, and how to make one correctly.

What is an Affidavit?

Affidavit = Written statement of facts voluntarily made under oath or affirmation before an authorized person.

Key elements:

• Written document

• States facts

• Made under oath ("I swear" or "I solemnly affirm")

• Before authorized person (Notary, Magistrate, Oath Commissioner)

• Signed by person making statement (called "Deponent")

Legal basis: Oaths Act, 1969; CPC; Evidence Act

Purpose of Affidavit:

• Legal evidence in court

• Proof of facts for government/authorities

• Declaration of truthfulness

• Substitute for personal appearance (sometimes)

• Administrative purposes

False affidavit = Perjury (punishable with up to 7 years jail + fine)

When Affidavit is Needed:

Court matters:

• Filing petitions/applications

• Evidence (when witness can't appear)

• Verification of pleadings

• Bail applications

• Appeals

Government/Administrative:

• Passport application

• Name change

• Date of birth correction

• Address proof

• Income certificate

• Domicile certificate

• Caste certificate (supporting document)

• Change in signature/photo

Personal/Property:

• Property transactions

• Gift deed

• Heirship certificate

• Unmarried status

• No objection (for various purposes)

• Lost documents (FIR support)

Employment/Education:

• Gap in education/employment

• Change of name in certificates

• Experience certificate (self-attested)

Others:

• Loan applications

• Visa applications

• Renunciation of Indian citizenship

• Any situation requiring sworn statement

Types of Affidavits:

1. General Affidavit:

• For any purpose

• Flexible format

• States facts as required

2. Court Affidavit:

• Filed in court

• Strict format rules

• Numbered paragraphs

• Verification clause

3. Affidavit in lieu of testimony:

• Instead of witness appearing

• In civil cases (with court permission)

4. Affidavit of Service:

• Confirms notice/document served

• By process server

5. Affidavit of Evidence:

• Contains evidence

• Examination-in-chief in written form

• Cross-examination in person

6. Affidavit of Heirship:

• Lists legal heirs of deceased

• For property/insurance claims

7. Affidavit of Name Change:

• Declares old and new name

• For Gazette notification support

8. Affidavit of Income/Assets:

• Declares financial status

• For scholarships, subsidies, loans

9. Affidavit of Residence/Domicile:

• Proof of residence

• For various certificates

10. Affidavit of Lost Documents:

• Reports lost documents

• Passport, certificates, etc.

• Accompanies FIR/police report

Essential Components of Affidavit:

1. Title/Heading: "AFFIDAVIT" (centered, bold)

If for court: Also mention court name and case number

2. Deponent Details: "I, [Full Name], son/daughter/wife of [Father's/Husband's Name], aged [Age] years, residing at [Complete Address], do hereby solemnly affirm/swear and state as follows:"

3. Body (Numbered Paragraphs):

Each fact in separate paragraph:

"1. That I am the deponent in the above matter and I am conversant with the facts of the case.

2. That [state first fact]

3. That [state second fact]

[Continue...]"

Use "That" at beginning of each paragraph (standard practice)

4. Verification:

"I, the above-named deponent, do hereby verify that the contents of paragraphs 1 to [X] are true to my knowledge and belief and nothing material has been concealed therefrom.

Verified at [Place] on this [Date]."

5. Signature:

DEPONENT

[Signature]
[Name]

6. Notarization:

Before whom sworn: "Sworn/Affirmed before me on this [Date] at [Place].

NOTARY PUBLIC/OATH COMMISSIONER

[Signature] [Name] [Seal]"

Complete Affidavit Format:

AFFIDAVIT

I, [Your Full Name], son/daughter/wife of [Father's/Husband's Name], aged [Age] years, resident of [Complete Address with Pin Code], do hereby solemnly affirm and state as follows:

1. That I am the deponent in this matter and I am personally conversant with the facts stated herein.

2. That [State first fact/circumstance - be specific with dates, places, amounts if applicable]

3. That [State second fact]

4. That [Continue with all relevant facts in numbered paragraphs]

5. That [If required, state purpose: "I am making this affidavit for the purpose of [purpose - e.g., passport application/court matter/name change]"]

6. That whatever is stated above is true to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

Place: [City]
Date: [Date]

[Your Signature]
[Your Name in BLOCK LETTERS]

VERIFICATION

I, the above-named deponent, do hereby verify that the contents of paragraphs 1 to [X] above are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

Verified at [City] on this [Date] day of [Month], [Year].

DEPONENT

[Your Signature]
[Your Name]

---

BEFORE ME

Solemnly affirmed and signed before me on this [Date] at [Place].

NOTARY PUBLIC/OATH COMMISSIONER

[Notary's Signature]
[Notary's Name]
Registration No.: [Number]
[Notary's Seal/Stamp]

Stamp Paper Requirement:

Affidavit must be on Non-Judicial Stamp Paper

Value varies by state and purpose:

Common denominations:

• ₹10 (most common for general affidavits)

• ₹20 (some states/purposes)

• ₹50

• ₹100 (rarely needed)

State-specific:

• Maharashtra: ₹100 for most

• Delhi: ₹10 for general, ₹20 for property-related

• Karnataka: ₹20-100 depending on purpose

• Tamil Nadu: ₹20

• Uttar Pradesh: ₹10-50

Check your state rules or ask notary!

Where to buy:

• Authorized stamp vendors

• Some banks (in Kerala, Karnataka)

• Treasury offices

Verify it's genuine stamp paper (watermark, security features)

Who Can Attest Affidavit:

Authorized persons:

✓ Notary Public (most common)✓ Oath Commissioner✓ Magistrate (First Class or Executive)✓ Judge✓ Gazetted Officer (for government affidavits)

Notary is easiest and most commonly used

Notarization Process:

Step 1: Draft affidavit (yourself or take help)

Step 2: Print on stamp paper (correct denomination for your state)

Step 3: Visit Notary Public

Find notary:

• Near courts

• Advocate offices

• Search online: "[Your City] notary public"

Step 4: Carry documents:

• Affidavit (on stamp paper)

• Your ID proof (Aadhaar/PAN/Passport/DL)

• Supporting documents (if affidavit refers to them)

Step 5: Sign before notary:

• Important: Don't sign beforehand!

• Sign in presence of notary

• Notary verifies your identity

Step 6: Oath/Affirmation:

Notary asks: "Do you swear/affirm that contents are true?"

You respond: "Yes" or "I affirm"

Step 7: Notary attests:

• Signs affidavit

• Stamps with official seal

• Records in register

Cost: ₹20-100 per page (notary fees)

Time: 10-30 minutes

Self-Attestation vs Notarization:

Self-attestation:

• You sign copy yourself

• For non-critical documents

• "Certified true copy" written and signed by you

Notarization:

• Notary verifies and signs

• Legal validity

• Required for affidavits, important documents

Affidavits MUST be notarized to be valid!

Common Affidavit Templates:

1. Affidavit of Name Change:

AFFIDAVIT FOR CHANGE OF NAME

I, [Old Name], son/daughter/wife of [Father's/Husband's Name], aged [Age] years, residing at [Address], do hereby solemnly affirm:

1. That I am known as [Old Name] as per all my documents.

2. That I have decided to change my name from [Old Name] to [New Name] for personal/religious/matrimonial reasons.

3. That henceforth I shall be known as [New Name] for all purposes.

4. That I have published this name change in [Newspaper Names] dated [Dates] and in Official Gazette dated [Date].

DEPONENT
[Continue with verification and notarization as per standard format]

2. Affidavit of Date of Birth:

AFFIDAVIT FOR DATE OF BIRTH

I, [Name], do hereby solemnly affirm:

1. That my correct date of birth is [DD/MM/YYYY].

2. That in my [School Certificate/Aadhaar/other document], my date of birth is wrongly mentioned as [Wrong Date].

3. That this is due to [clerical error/wrong information given at time of admission/etc.].

4. That my actual and correct date of birth is [Correct Date] as per [Hospital record/Birth Certificate/other authentic proof].

5. That I am making this affidavit to correct my date of birth in [Document/Database name].

[Attach proof document - birth certificate, hospital record]

DEPONENT
[Continue with standard verification and notarization]

3. Affidavit of Residence/Address:

AFFIDAVIT OF RESIDENCE

I, [Name], do hereby solemnly affirm:

1. That I am a permanent resident of [Complete Address].

2. That I have been residing at the above address since [Date/Year].

3. That [describe proof - own house/rented/family property].

4. That I am making this affidavit for [purpose - Aadhaar/Passport/etc.].

DEPONENT
[Standard verification and notarization]

4. Affidavit for Lost Documents:

AFFIDAVIT FOR LOST DOCUMENT

I, [Name], do hereby solemnly affirm:

1. That I had [Document name - e.g., Original Degree Certificate] issued by [Issuing authority] on [Date].

2. That on [Date], I lost the said document [describe circumstances - during travel/at home/etc.].

3. That I have searched for the document diligently but could not find it.

4. That I have lodged FIR/Police Complaint No. [Number] dated [Date] at [Police Station] regarding the loss.

5. That I am making this affidavit to obtain a duplicate/for record purposes.

6. That if the original document is found, I shall surrender it immediately.

DEPONENT
[Standard verification and notarization]

5. Affidavit of Income:

AFFIDAVIT OF INCOME

I, [Name], do hereby solemnly affirm:

1. That my occupation is [Job/Business/Profession].

2. That my annual income from all sources is approximately ₹[Amount].

3. That the breakup is as follows:
   - Salary/Business income: ₹[Amount]
   - Agriculture/Property income: ₹[Amount]
   - Other sources: ₹[Amount]

4. That I have no other source of income.

5. That I am making this affidavit for [purpose - scholarship/loan/subsidy application].

DEPONENT
[Standard format continues]

Tips for Drafting Affidavit:

✓ Be specific - Dates, amounts, names clearly✓ Be truthful - False affidavit is perjury✓ Be concise - Only relevant facts✓ Use simple language - Clear, unambiguous✓ Numbered paragraphs - Standard practice✓ Check spelling - Especially names, addresses✓ Correct stamp paper - Check state requirement✓ Don't pre-sign - Sign before notary only✓ Keep copies - For your records✓ Attach supporting docs - If referred to in affidavit

Common Mistakes:

❌ Wrong stamp paper value❌ Signing before going to notary❌ Vague statements ("around 2015" instead of specific date)❌ Contradictory statements❌ No verification clause❌ Incorrect deponent details❌ Spelling errors in names/addresses❌ Using torn/damaged stamp paper

Legal Validity:

Valid affidavit must:

• Be on stamp paper (correct value)

• Contain all essential elements

• Be properly notarized

• Signed by deponent

• Have verification clause

Affidavit is legal evidence under Section 3 of Oaths Act and relevant provisions of Evidence Act

But: Court can summon deponent for cross-examination

False Affidavit - Consequences:

Perjury under Section 236 BNS (earlier Section 191 IPC):

• Punishment: Up to 7 years jail + fine

Also:

• Contempt of court (if filed in court)

• Loss of credibility

• Case dismissed

• Damages/costs imposed

Never make false statements in affidavit!

Conclusion:

Affidavits are simple yet powerful legal documents. Whether for passport, court, or administrative purpose – knowing how to draft correct affidavit is essential life skill.

Key points:

• Use correct stamp paper

• Be truthful and specific

• Get properly notarized

• Keep copies safe

Need affidavit? Draft it correctly and get it notarized today!