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An affidavit is a written sworn statement of fact voluntarily made by an affiant of deponent under an oath or affirmation administered by a person authorized 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 taken as proof of the fact stated therein, the courts have no jurisdiction to admit evidence by way of an Affidavit. Affidavit is treated 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 used 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 used as evidence in absence of a specific order of the court.
An “Affidavit” being a written statement that is considered to may under oath it is only valid when made voluntarily without coercion, affidavits can be used for many purpose more often filed with a court to show that specific information is true mentioned 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 required 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 considered 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.
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:
are any sworn in statement of fact on the subject they are unlike other types of affidavits because they can be tailored to meet specific needs in any legal situation like other affidavits on the other hand general affidavits are still signed 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 considered as a general affidavit for general purpose given by the grantor to the agent.
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 executed should be the main consideration or that the contents of an Affidavit are neglected 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 done on the same day or else it may become avoidable document in the hands of the authority/court to whom it is presented/submitted.
