Affidavits- An affidavit is a written sworn statement of fact voluntarily made by an affiant of deponent under an oath or affirmation administer by a person authorize to do so by law. Such statement is witnesses as to the offer authenticity of the affiant’s signature by a taker of oaths such as notary or the commissioner of oaths.
In Indian law although an affidavit may be take as proof of the fact stated therein, the courts have no jurisdiction to admit evidence by way of an Affidavit. Affidavit is treat as evidence within the meaning of section 3 of the Indian evidence act. However, it was held by the Supreme Court that an Affidavit can be use as evidence only if the court so orders for sufficient reasons. Namely right of opposite party to have deponent produced for cross examination. Therefore, an Affidavit cannot be use as evidence in absence of a specific order of the court.
Use of Affidavit and types of Affidavits
An “Affidavit” being a written statement that is consider to may under oath it is only valid when make voluntarily without coercion, affidavits can be use for many purpose more often file with a court to show that specific information is true mention the affidavit. In some cases an attorney, can use your affidavit so that you don’t have appear in court or at another official legal proceedings. Which can say considerable time and money in a variety of legal events.
Affidavits are also require in a number of judicial proceedings particularly in State planning matters and family law issues. In the absence of the Affidavits other legal instruments may not be consider valid. Affidavits are useful beyond the court room as well like for bankers, insurance companies and other entities which may require in affidavit as part of their operational function.
Types of Affidavit: There are many types of Affidavits being significant by their intended purpose. Lawyers often use in them in motions and in the court filing to prove that certain information is true
some of the types of affidavits are listen below:
- Affidavit of domicile
- Heir ship
- Affidavit of marriage
- Small a estate
- Affidavit for name change
- Financial affidavits
- Affidavits of death certificate
- Affidavit of services
- Affidavit of debt etc.
The general Affidavit
General Affidavits are any sworn in statement of fact on the subject they are unlike other types of affidavits because they can be tailor to meet specific needs in any legal situation like other affidavits on the other hand general affidavits are still sign under oath and in the presence of a notary. Even when an Affidavit would technically fall into one of the categories above it would still be consider
as a general affidavit for general purpose given by the grantor to the agent.
The validity of an Affidavit
A notarized document like an Affidavit is valid up to infinity as regards its contents. Its time, place and date on which the same affidavit has been execute should be the main consideration or that the contents of an Affidavit are neglect by new evidence making the earlier affidavit null and void. As far as possible the day of creation of affidavit and its authentication, notarization is concerned. It should be do on the same day or
else it may become avoidable document in the hands of the authority/court to whom it is present/submit.