Affidavit Format in India: Types, Stamp Duty & Notarisation

An affidavit is one of the most commonly used documents in Indian legal practice and one of the most commonly botched. It is used to confirm a name change, to support a passport application, to declare income, to confirm residence, to record a family tree for succession, to support a bail application, to verify a petition, and in dozens of other situations. Most people download a template from the internet, fill in the blanks, sign it and get it notarised — and then discover that the office they submitted it to has rejected it because a required paragraph was missing, the stamp paper was of the wrong value, or the deponent's signature was in the wrong place.

This guide explains what an affidavit is, what it must contain, how stamp duty and notarisation work, the common types of affidavits in India, and the legal consequences of getting one wrong.

What an Affidavit Is

An affidavit is a written statement of facts, made voluntarily by a person called the deponent, sworn or affirmed before a person authorised to administer an oath. It is evidence in the form of a sworn statement. The essential feature is the oath: the deponent declares that the contents are true to the best of their knowledge and belief, and signs in the presence of the authorised officer.

An affidavit is not a substitute for oral evidence in a trial unless a statute or a court order permits it. Its main uses are in applications and proceedings where the facts need to be placed on record in a verifiable form, and in administrative processes where an authority needs a sworn confirmation before acting.

Structure of a Valid Affidavit

Most Indian affidavits follow the same skeleton, and authorities expect it. A properly drafted affidavit contains:

• The heading. The court or authority before which the affidavit is being filed, with the case number where applicable.
• The title. For example "Affidavit of the Petitioner" or "Affidavit of Mr. A son of Mr. B".
• The deponent's identification. Full name, age, parentage or spouse's name, and complete residential address.
• The statement of competence. A declaration that the deponent is competent to swear the affidavit and, where the affidavit is filed on behalf of another person, the basis of that authority.
• The body of facts. Numbered paragraphs, each containing a distinct factual assertion, arranged chronologically and without argument or legal conclusions.
• The verification clause. A statement that the contents of the specified paragraphs are true to the deponent's knowledge and that the remaining paragraphs are true to the best of their knowledge, information and belief. This clause is what makes the affidavit admissible.
• The oath and signature. The deponent signs each page and the affidavit at the end, in the presence of the notary or the officer administering the oath, who also signs and stamps it.
• Annexures. Supporting documents, each marked and referenced in the body, and each initialled by the deponent and the attesting officer.

Stamp Duty and Notarisation

An affidavit must be executed on non-judicial stamp paper of the value prescribed by the state. The value varies considerably between states. In many states a general affidavit is executed on stamp paper of a modest fixed value, while affidavits for specific purposes — such as those supporting a property transaction or a financial claim — require higher values. Where the affidavit is filed in a court, the court may also require a court fee stamp in addition to the notarial stamp.

Notarisation is the process by which a notary public verifies the identity of the deponent, administers the oath and attests the affidavit. Notaries are appointed by the state government and their jurisdiction is generally limited to the area for which they are appointed. An affidavit sworn before a notary outside the area where it is to be used is not automatically invalid, but authorities in some states object to it.

Affidavits for use in court proceedings can also be sworn before an oath commissioner or an authorised officer of the court, and in certain proceedings before a magistrate or a judge. Where the affidavit is to be used outside India, it must be notarised and then apostilled by the Ministry of External Affairs, or consularised by the Indian embassy in the country where it is executed.

Who Can Administer the Oath

Notaries public, oath commissioners, magistrates, registrars of courts, and certain gazetted officers are authorised to administer oaths depending on the context. An affidavit notarised by an advocate who is not a notary is not a valid affidavit, even if the advocate attests the signature. Similarly, an affidavit sworn before a notary but signed by the deponent at home and sent by courier is not valid — the deponent must sign in the presence of the officer.

For affidavits to be filed in the National Company Law Tribunal, the Supreme Court or a High Court, the rules of the tribunal or court prescribe the officer before whom the affidavit must be sworn. Check the applicable rules before executing the document.

Common Types of Affidavits in India

Affidavit for name change

Used to support a change of name in the gazette, in educational records, in bank accounts and in identity documents. The affidavit states the old name, the new name, the reason for the change and a declaration that the deponent will be known by the new name. It is usually supported by newspaper publication and, for a formal change, by a gazette notification.

Affidavit of residence

Used for school admissions, passport applications, ration cards and government schemes. The deponent confirms the address at which they actually reside and, where the property belongs to another person, attaches proof of that person's ownership and a no-objection letter.

Affidavit of income and assets

Used in maintenance proceedings, loan applications, visa applications and scholarship applications. It should be supported by income tax returns, salary slips, bank statements and property documents. An inflated or understated declaration is a serious risk — see the consequences below.

Affidavit of family tree or heirship

Used in succession proceedings, mutation applications and legal heir certificate applications. It lists the deceased, the surviving heirs, their relationship and the fact that no other heirs exist. It is commonly combined with the legal heir certificate and a death certificate.

Affidavit of lost documents

Used when an original document — a degree certificate, a share certificate, a title deed or a policy — is lost. The affidavit records the loss, the circumstances, the efforts made to trace it, and an undertaking to surrender the original if found. It is usually accompanied by a police complaint or a non-traceable certificate and a newspaper advertisement.

Affidavit of unmarried status or single status

Used in passport applications, visa applications and marriage registrations. It states that the deponent has never married or is widowed or divorced, and attaches the relevant proof — death certificate of the spouse or the divorce decree.

Affidavit in support of a bail application

Used to place on record the surety's details, the relationship with the accused, the surety's assets and an undertaking that the accused will appear on every hearing date. Courts require the surety's identity and address proof and the property documents relied on.

Drafting Rules That Authorities Actually Enforce

• State facts, not opinions. An affidavit that argues the case instead of stating facts is likely to be struck out.
• One fact per paragraph. Numbered paragraphs allow the opponent and the court to deal with each assertion separately.
• Do not leave blanks. Blank spaces in an affidavit are an invitation to interpolation and are treated with suspicion.
• Do not swear to documents you have not verified. State clearly which paragraphs are based on personal knowledge and which on records or belief.
• Sign every page. And ensure the notary initials every page and every annexure.
• Attach the documents you refer to. An assertion that is not supported by an annexure is easy to dispute.
• Use the correct stamp value. Under-stamped affidavits are rejected or impounded.
• Do not sign in advance. Sign only in the presence of the authorised officer.

The Legal Consequences of a False Affidavit

An affidavit is sworn evidence. Section 191 of the Indian Penal Code, 1860 — now Section 229 of the Bharatiya Nyaya Sanhita, 2023 — makes giving false evidence an offence, and Section 193 of the IPC, now Section 230 of the BNS, punishes intentionally giving false evidence in a judicial proceeding. A false affidavit filed in a court can attract prosecution for perjury, and in civil proceedings it can also lead to the dismissal of the application, costs, and proceedings for contempt.

Administrative authorities have their own consequences. A false income affidavit can lead to cancellation of a benefit and prosecution for cheating. A false affidavit in support of a passport application can lead to refusal or revocation of the passport. A false family tree affidavit used to obtain a succession certificate is a ground for revocation of the certificate and for prosecution.

Affidavits for Use Outside India

Where an affidavit is to be used in a foreign court or before a foreign authority, the requirements of that country govern. Common additional requirements include notarisation by a local notary, apostille by the designated authority — in India the Ministry of External Affairs or the state authority designated under the Hague Apostille Convention — or consular legalisation by the embassy of the country concerned. Some countries also require the affidavit to be sworn in a specific format or to include a specific jurat. Confirm the requirement with the receiving authority before executing the document.

Affidavit vs Declaration vs Notarised Statement

These three are often confused. An affidavit is sworn on oath before an authorised officer. A declaration, or a self-declaration, is a signed statement without an oath; it may be accepted by some authorities but carries less weight and is not evidence in court. A notarised statement is a statement whose signature has been attested by a notary, but unless an oath was administered it is not an affidavit. If an authority asks for an affidavit, a notarised declaration will often be rejected.

Frequently Asked Questions

Can I write an affidavit myself?

Yes, there is no legal requirement that an affidavit be drafted by an advocate. However, the drafting determines whether the authority accepts it. Most rejections are caused by drafting defects rather than substantive facts.

Is an affidavit valid without notarisation?

An affidavit must be sworn or affirmed before a person authorised to administer an oath. A statement signed without an oath is not an affidavit. Notarisation is the usual method for non-court affidavits.

What is the stamp duty on an affidavit?

It varies by state. Most general affidavits require a modest fixed value of non-judicial stamp paper. Affidavits for specific purposes or for court filing may require a higher value plus a court fee stamp. Confirm the current rate in your state.

Can an affidavit be sworn by a person who does not read the language?

Yes, provided the contents are read over and explained to the deponent in a language they understand, and the affidavit records that this was done. The notary should note this in the attestation.

Can an NRI swear an affidavit in India while abroad?

An NRI can swear an affidavit before the Indian consulate or a local notary followed by apostille or consular legalisation. Alternatively, the affidavit can be executed in India during a visit. The requirement depends on the authority receiving it.

Drafting Support

Our drafting team prepares affidavits for name change, residence, income, family tree and heirship, lost documents, unmarried status and bail sureties, in the format required by the receiving authority, with the correct stamp duty guidance, verification clause and annexure index, ready for notarisation.