Affidavit Drafting & Notarisation
An affidavit is a sworn statement, and a badly drafted one causes problems exactly when it matters - at the bank, at the municipal office, at the passport counter or in court. We draft, verify and have affidavits attested for all the purposes people actually need them.
What an affidavit has to contain
The heading identifies the court or the authority before whom it is filed; the deponent's particulars identify you; the numbered paragraphs state facts, not arguments; and the verification clause states that the contents are true to your knowledge and belief, with the paragraphs that are based on information or belief identified as such.
A statement of belief cannot be dressed up as a statement of knowledge. Where the two are mixed, the affidavit can be rejected, and a false statement can expose the deponent to proceedings for perjury.
The affidavits we most often draft
- Name change after marriage or a spelling correction, for banks, insurance, PAN or passports.
- Address proof affidavit where documentary proof is thin or inconsistent.
- Legal heir or heirship affidavit for succession of bank deposits, shares, provident fund and insurance.
- Income affidavit for maintenance or for school and visa purposes.
- Gap certificate affidavit for education or employment gaps.
- Court affidavits for evidence, examination-in-chief and condonation of delay.
- Loss or misplacement affidavits for documents, cheques and passbooks.
Drafting, stamping and attestation
The affidavit is typed, signed by the deponent on each page, and attested by an oath commissioner or notary, or sworn before the court as the rules of that court require. Some purposes require the affidavit on stamp paper or with a notarial stamp; the requirement depends on where it is to be used, which is why we ask about the receiving authority before typing the first line.
Where the affidavit is to be used outside India, the receiving authority usually wants an apostille from the Ministry of External Affairs, or consular attestation, which we arrange after the notarial part is complete.
Common questions
Can an affidavit be made without stamp paper?
For many purposes a plain-paper affidavit attested by a notary or oath commissioner is accepted, and for others the receiving authority insists on stamp paper. Tell us where the affidavit is going and we will match the requirement instead of guessing.
Who can attest an affidavit in Kolkata?
A notary public, an oath commissioner, or the court itself depending on the purpose. First-class magistrates and certain officers can also administer oaths in the circumstances the law provides.
What happens if an affidavit is false?
A deliberately false statement in an affidavit can be prosecuted as perjury and can also lead to the affidavit being disregarded. Judges treat an unexplained inconsistency in a sworn statement as damaging to the whole case.
Getting it done
FileX Advocates & Legal Consultants drafts, files and argues these matters in Kolkata — the Calcutta High Court, City Civil and Sessions courts, the family, consumer and tribunal forums, and before the registering authorities. Send us the papers you have and we will tell you what is missing before anything is filed.