How Long is an Affidavit Valid in India?

Last Updated at: October 06, 2020
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Latest Update

On 29th September, 2020, the UPSC has told the Supreme Court that postponing the Civil Services (Preliminary) Examination scheduled to start from 4th October was impossible. The matter will again be heard on 30th September. By then, the Court had asked the UPSC to file an affidavit in support of their admission.

How Long is an Affidavit Valid in India_

Each person is likely to recollect at least one instance of being asked to file an Affidavits. The explanations may be different but the result is the same – Making an affidavit gives a person’s statements greater credibility. An affidavit is a type of verified statement or demonstration, or in other words, it contains a verification. This serves as proof of its veracity and is required in court proceedings. Affidavits are also valuable outside of the law. Banks, insurance companies, and other entities as part of their official functions may require an affidavit. 

  1. What is an Affidavit?

  2. What is the need of an Affidavit?

  3. The validity of an Affidavit

  4. Authenticity

  5. Time

  6. Essential features of an Affidavit

What is an Affidavit?

An “affidavit” is a written statement. It considers having a format under oath. It’s only valid when it is on a voluntary basis and without coercion. When you sign an affidavit, you say that the evidence is accurate and that you are aware of the details in the affidavit personally. You must say, by signing, that you are able to testify about the information contained in the affidavit and are called to trial. Moreover, an affidavit is, in other words, a statement of facts in writing and maintains before a person having the authority to give an oath. All affidavits are statements with verification and have prints on various denominations of Stamp papers. 

All affidavits must have the first person and should contain evidence and not inferences. An individual making an affidavit is known as a Deponent or an Affiant.

What is the need of an Affidavit?

Affidavits have usage for many purposes. They are most often filed with the court to show that specific information is true. In some cases, an attorney can use your affidavit so that you do not have to appear in court or at another official legal proceeding. They can save considerable time and money in a variety of legal events.

Affidavits automatically require a number of judicial proceedings, particularly in estate planning matters and family law issues. Without these affidavits, other legal instruments may not be considered valid or proving that they are valid would be much more difficult.

Affidavits are useful beyond the courtroom as well. Banks, insurance companies, and other entities may require an affidavit as part of their official functions.

 get your legal advice

The validity of an Affidavit

Validity may be of two types- 

(A). Authenticity – The authenticity and veracity of the affidavit ‘s contents of an affidavit decide its validity; and 

(B). Time – Validity as to the duration of the affidavit (is it ever expiring?)

Authenticity

  1. Chandraseharan vs C. Sasidharan and Ors Pillai And. January 29 1993

Such laws regulating the validity of affidavits lay down by the consensus of judicial authorities. 

Firstly, where claims in an affidavit are based on evidence, it is important to state the source or sources of such facts. 

Secondly, it is not sufficient to state the source or sources of such information, but it is necessary to state particulars of such source or source. For example, if any information is based on records, they need to report the records. Additionally, if it is on what we learn from others, it is necessary to state the names. Moreover, only then can the commission/court/authority verify the disclosed sources of information. 

Third, it is not enough to state that the deponent is of the opinion that the statements are true. Moreover, he needs to reveal the grounds on which his belief is based.

Time

A notarized document like an affidavit is valid for its contents up to infinity. The time, location and date on which the same was executed should be the main consideration or that the contents of the affidavit are denied by new/other evidence making the previous affidavit null and void. 

The day of the creation of the affidavit and its authentication – notarization etc. should be done as far as possible on the same day or it will become an avoidable document in the hands of the authority/court to which it is presented/submitted.

There are many different types of affidavits, and they vary considerably according to their intended purpose. For instance, Affidavit of domicile, marriage, change of name, heirship, and many more. Therefore, these affidavits will not expire because there is no expiry date for the affidavits that has signature properly and publishes with accurate evidence. There is no period of validity to an affidavit.

Essential features of an Affidavit

  • An affidavit should be in writing because it applies as a record in court. 
  • It has to be a statement that a person makes. 
  • Additionally, it mentions the facts according to the deponent’s best knowledge and belief. 
  • It has to be sworn in before an officer or magistrate is allowed to give an oath. 
  • Moreover, it must be done in the first person, as affidavits on behalf of other persons cannot be created.

 

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How Long is an Affidavit Valid in India?

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Each person is likely to recollect at least one instance of being asked to file an Affidavits. The explanations may be different but the result is the same – Making an affidavit gives a person’s statements greater credibility. An affidavit is a type of verified statement or demonstration, or in other words, it contains a verification. This serves as proof of its veracity and is required in court proceedings. Affidavits are also valuable outside of the law. Banks, insurance companies, and other entities as part of their official functions may require an affidavit. 

  1. What is an Affidavit?

  2. What is the need of an Affidavit?

  3. The validity of an Affidavit

  4. Authenticity

  5. Time

  6. Essential features of an Affidavit

What is an Affidavit?

An “affidavit” is a written statement. It considers having a format under oath. It’s only valid when it is on a voluntary basis and without coercion. When you sign an affidavit, you say that the evidence is accurate and that you are aware of the details in the affidavit personally. You must say, by signing, that you are able to testify about the information contained in the affidavit and are called to trial. Moreover, an affidavit is, in other words, a statement of facts in writing and maintains before a person having the authority to give an oath. All affidavits are statements with verification and have prints on various denominations of Stamp papers. 

All affidavits must have the first person and should contain evidence and not inferences. An individual making an affidavit is known as a Deponent or an Affiant.

What is the need of an Affidavit?

Affidavits have usage for many purposes. They are most often filed with the court to show that specific information is true. In some cases, an attorney can use your affidavit so that you do not have to appear in court or at another official legal proceeding. They can save considerable time and money in a variety of legal events.

Affidavits automatically require a number of judicial proceedings, particularly in estate planning matters and family law issues. Without these affidavits, other legal instruments may not be considered valid or proving that they are valid would be much more difficult.

Affidavits are useful beyond the courtroom as well. Banks, insurance companies, and other entities may require an affidavit as part of their official functions.

 get your legal advice

The validity of an Affidavit

Validity may be of two types- 

(A). Authenticity – The authenticity and veracity of the affidavit ‘s contents of an affidavit decide its validity; and 

(B). Time – Validity as to the duration of the affidavit (is it ever expiring?)

Authenticity

  1. Chandraseharan vs C. Sasidharan and Ors Pillai And. January 29 1993

Such laws regulating the validity of affidavits lay down by the consensus of judicial authorities. 

Firstly, where claims in an affidavit are based on evidence, it is important to state the source or sources of such facts. 

Secondly, it is not sufficient to state the source or sources of such information, but it is necessary to state particulars of such source or source. For example, if any information is based on records, they need to report the records. Additionally, if it is on what we learn from others, it is necessary to state the names. Moreover, only then can the commission/court/authority verify the disclosed sources of information. 

Third, it is not enough to state that the deponent is of the opinion that the statements are true. Moreover, he needs to reveal the grounds on which his belief is based.

Time

A notarized document like an affidavit is valid for its contents up to infinity. The time, location and date on which the same was executed should be the main consideration or that the contents of the affidavit are denied by new/other evidence making the previous affidavit null and void. 

The day of the creation of the affidavit and its authentication – notarization etc. should be done as far as possible on the same day or it will become an avoidable document in the hands of the authority/court to which it is presented/submitted.

There are many different types of affidavits, and they vary considerably according to their intended purpose. For instance, Affidavit of domicile, marriage, change of name, heirship, and many more. Therefore, these affidavits will not expire because there is no expiry date for the affidavits that has signature properly and publishes with accurate evidence. There is no period of validity to an affidavit.

Essential features of an Affidavit

  • An affidavit should be in writing because it applies as a record in court. 
  • It has to be a statement that a person makes. 
  • Additionally, it mentions the facts according to the deponent’s best knowledge and belief. 
  • It has to be sworn in before an officer or magistrate is allowed to give an oath. 
  • Moreover, it must be done in the first person, as affidavits on behalf of other persons cannot be created.

 

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