Affidavits find application in several court proceedings and even in day-to-day

activities that require an oath to be registered. It is basically a collection of

statements that is written and signed by the person administering the oath.

When a written statement of facts that is declared to be true is presented before a

person having authority is called an affidavit. The person before whom an affidavit
can be sworn in India can be:
 Executive Magistrate, Judicial Magistrate, any Judge
 Commissioner of Oaths
 The notary is commissioned under the Notaries Act,1952.

Significance of Affidavit:
Affidavits predominantly are put to use in the courts of law for legal proceedings
and negotiations. Most often, other than in final judgments, orders are given out
based on affidavits. It is pertinent to note that, under the Indian Evidence Act, an
affidavit is treated as a piece of evidence. Although affidavits are used both in civil
and criminal proceedings, they are largely used in bankruptcy and family law
cases.
Procedure to Draft an Affidavit:
For an affidavit to be valid, it must be signed, witnessed, and notarized
appropriately. It is not mandatory that an affidavit should be drafted by a lawyer. It
can be drafted by anyone, regardless of it being a legal document. Although there
are different types of affidavits, all of them contain a few common prerequisites
like:
Title
The title simply states the statement that is being sworn in. The name of the person
swearing is to be included. The case number, names of plaintiffs, and defendants
are to be mentioned in the affidavit if it is going to be presented in the court
Identity
A statement of identity is to be mentioned. The personal information of the
deponent (person swearing the affidavit) like name, age, occupation, etc. should be
mentioned. The facts relevant to the swearing should be mentioned
Statement of Truth
It has to be written that the facts stated in the affidavit are true according to the
deponent’s knowledge. It needs to be in the first person
Statement of Facts
The relevant facts must be mentioned. It must be precise and clear. While stating
the facts, if it involves other individuals, their names and addresses are to be
mentioned
Reiteration
Before signing off the affidavit, all the facts must be summarised and must be
stated that those are true to the knowledge of the deponent
Notarise
The final step in finishing an affidavit is the deponent signing it and getting it
notarized by the certified authority.
Format of an Affidavit
While it is said that affidavits are often used in the Courts of
law: https://main.sci.gov.in/constitution, it doesn’t mean that they are put to use
only in complex situations. Affidavits can be used in very normal, cut-and-dry
situations as well, like applying for a passport, in case of property issues, in cases
where someone wants their name changed or when an address proof is needed, etc.,
Also it can be used when original documents or certificates are lost. In short, when
a situation demands an individual to prove a fact, an affidavit can be used. The
following are examples of a few affidavit formats.
Change of Name Affidavit
Due to religious or cultural reasons, few people may intend to have their names
changed. Most women consider changing their surname after marriage. 
Sometimes, they may wish to make slight modifications in the way their name is
spelled. Moreover, in such circumstances, a Name Change Application affidavit
should be filed.
Steps for changing the name legally:
Step1:
Affidavit:
Provide valid reasons for changing/correcting a person’s name in an affidavit
format.
Step 2:
Newspaper Publication:
Publish an advertisement regarding the name change in two local newspapers that
are circulated in the area of domicile. Further, the copies of the advertisement are
to be saved for future reference.
Step 3:
Gazette of India Publication:
Publish the Notification in the Gazette of India for the Name Change with
required Documents and publication charges.
Affidavit Format for Name Change:
I Mr/Ms ____________S/o______________ Daughter of ______________, aged
around ______________years, resident of ______________, do hereby solemnly
affirm and declare as under:
1. That my name as per the records in my educational institution is
______________ (XYZ)
2. By virtue of this affidavit, I changed my name as _________ on (date of
change of name)
3. Currently all the records have my changed name _________
4.     That I shall at all times, in all dealings and proceedings sign the name
_________   as my name thereby substituting my former name
5. I am getting a public notice published to this effect in the Newspaper
6. Also, I state that (earlier name), and the (present name) is the name of the
same person, and that is myself.
This declaration is hereby executed and submitted to the concerned authorities to
accomplish the change of name.
I hereby state that whatever is stated hereinabove is true to the best of my
knowledge.
Solemnly affirmed at ________ )
On this ____ day of ______ 20 ) (Signature of the Applicant).
Deponent
VERIFICATION:
Verified on this day—————–at ———————that the contents of the
affidavit are true and correct, nothing material has been concealed and no part of it
is false.
Deponent.
2. Address Proof Affidavit:
An affidavit of residence is typically required for various legal issues. Moreover,
for citizens who do not have a valid document for address proof, an affidavit of
residence is needed to prove that they reside in the address they claim. The
affidavit for address proof is therefore necessary for making an application for a
number of documents like the following:
 Driving license
 PAN Card
 Passport
 Bail
 Evidence claims

Affidavit Format in English for Address Proof:

I, _________ Son/Daughter of _________, resident of ___________ do hereby
solemnly affirm and declare as under:-
1. That my date of birth is _________
2. That I’ve been a resident at the above-mentioned address from
_________ years
 3. That I hereby furnish my photograph and initials in this affidavit as proof
of my signature and identity
4. Apart from this affidavit, I have no other documentary proof in support of
my residence.
Deponent
VERIFICATION:

Verified that the contents of my above affidavit are true to the best of my
knowledge and belief and nothing concealed therein.
Verified at _________ on _________
Deponent
Online Affidavit Sample:

Thus, affidavits have become very crucial to carry out not only legal activities but
also day-to-day proceedings. Affidavits have been in use right from the British
period, wherein they wanted the citizens to take an oath while stating certain facts
and the same is being carried out to date. Therefore, there has been an unshakeable
belief that the declarations on an affidavit are nothing but the truth from the pre-
independence era.
Also, Read:
 Steps to make a Affidavit for changing Name in India 
 How to Download Gazette Form for Name Change?
 Things required for Name change 
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