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Affidavit

Courtesy/By: Prathamesh R. Gothe | 2021-03-01 17:34     Views : 99

What is an ‘Affidavit’?

                An affidavit is a voluntary statement made under oath, used as verification for various purposes. It is a statement of fact made in writing by an individual called a deponent under an oath. It is administered and examined by a person who has the authority to regulate oaths (i.e. by a notary public or any other law official authorized for the purpose). The affidavit can be signed in front of the notary public or Oaths Commissioner. The person who thus prepares an affidavit declares that the content mentioned in the affidavit is true and accurate and nothing has been concealed or misstated. Once signed, the document is legally binding and the person signing is subject to being charged with perjury if the affidavit contains false information.

               The word ‘affidavit’ has originated from the Latin word ‘affidare’, which means, ‘he has made an oath’.

When does the need for an Affidavit arise?

There are several instances where a person might find himself in the need of an affidavit. They are as under:

  • For confirming formal statements that may be used as evidence in court hearings.
  • For confirming a residential address or verify residency.
  • To confirm or provide a name change.
  • For notifying a third party such as a creditor, of a death or other change of circumstance.
  • To confirm a person’s identity, in the event of comprising on or stealing of personal or financial information of that person.
  • For claiming ownership of property or assets.
  • For confirmation of the receipt of official documents.

Out of the above-stated instances, we shall emphasize the ‘affidavit for change of name’ from hereon. 

About ‘Affidavit for change of name’ :

            An affidavit for a change of name is a document that helps a person to prove his identity once he changes his name. This shall also be beneficial for a woman who changes her surname after her marriage. The procedure involved for an affidavit of name change is a three-step process viz. preparation of an affidavit, a newspaper publication, and lastly gazette notification publication. After the Gazette published the name change shall be considered to be legally complete and it shall be regarded as valid proof for the same.

Reasons for changing the name :

       There could be a vast range of reasons for which a person would go for a change in his name. It has also become quite common these days. Some of those reasons could be:- the trend followed in certain professions like performing arts (i.e. filmstars altering or changing their names), personal beliefs in the concept of numerology or astrology, married women of certain religions changing their last names after marriage. In such a case the married women shall provide their old name with their father’s name and also the new name with husband’s name and address.

Essential requirements for an affidavit of name change :

 The minimum requirements for an affidavit of the name change are as follows :

  • The details of the person's old and new name.
  • Their current address.
  • The reason for changing their name.
  • Two passport size photographs.
  • Any valid identity proof issued by the Government like PAN, Aadhar, etc.
  • The affidavit has to be on a plain stamp paper of the prescribed value as assigned by the Notary.
  • Signature of two witnesses.

Once the above requirements are satisfied then the document has to be submitted to the notary and get it sealed by him. The cost of making such an affidavit shall be as per the denomination of the stamp paper as prescribed by the stamp duty of a particular state.

 

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.

 

Courtesy/By: Prathamesh R. Gothe | 2021-03-01 17:34

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