What is an affidavit used for?

An Affidavit is a document that is sworn before a notary public or other official to be true. The main purpose of an Affidavit is to establish the truth of a statement.

In India, an affidavit can be used to confirm facts in legal proceedings.

Who writes an affidavit- A person who makes an affidavit is called a deponent. The person who has authority to attest a certificate may be a Magistrate, a Notary Public or a Commissioner of Oaths depending upon the affidavit while needs to be attested.

Parts of Affidavit:

The basic format of an affidavit has four parts:

  1. A statement that the deponent is swearing under oath to the truthfulness of the information contained in the affidavit.
  2. The information that is being sworn to.
  3. The signature of the deponent.
  4. The attestation of a notary public.

Common Affidavit Uses

  1. Court Affidavits: Usually requires oral statements but when a witness is not available then affidavit may be used.
  2. Self proving will affidavit: this is when the signature of a person making a will is notarized.
  3. Affidavit of a power of attorney: It is a legal document signed by one person, known as the principal, that gives another person, the agent, the authority to act on principal behalf.
  4. Financial Affidavit: These are commonly used in connection with estate planning and various financial transactions such as loan applications.
  5. Affidavit of lost document: If a vital document is lost or destroyed, it can often be re-established with an affidavit.