An affidavit is an essential document required as proof for financial, legal, and administrative matters. Such documentation often involves lengthy processes and paperwork hassles. For instance, getting an affidavit created and stamped traditionally comes with a whole process. It can be time-consuming and inconvenient, from getting it drafted, signed, and attaching proofs to stamping.

Here comes the Signdesk eStamp! The solution provides a faster, secure, and legally valid way to get affidavits stamped without needing physical stamp papers. In this article, we’ll explore the basics of affidavits and learn how to generate e-stamped affidavits instantly and securely with SignDesk e-Stamp. 

What is an Affidavit?

An affidavit is a legal document that includes a sworn declaration by the individual who drafted it (the affiant) attesting to the details’ accuracy. As they are made under oath or affirmation, affidavits often serve as evidence.

Key Features of an Affidavit

  • It is a voluntary declaration made in writing.
  • The person drafting (affiant) swears that the information is accurate to their knowledge.
  • A Notary Public or an Oath Commissioner must sign an affidavit.
  • Affidavits are widely used in legal, financial, and administrative matters.

Affidavits in India: Categories, Types, and Purpose

There are various forms of affidavits, each with a specific function.

Category

Usage of Affidavits

Legal Proceedings

Used as evidence in court cases to provide witness testimony, support claims, and establish facts.

Business Transactions

Verifies facts in mergers, acquisitions, or contract disputes to validate financial or legal details.

Real Estate

Confirms ownership, title details, or outstanding liabilities during property transactions.

Financial Transactions

Validates financial details in loan applications, debt collection, and monetary dealings.

Personal Declarations

Affirms personal details like name changes, address verification, and lost document claims.

Employment Matters

Used in disputes, background checks, or job verifications to confirm employment-related facts.

Regulatory Compliance

Ensures businesses comply with industry regulations or safety standards.

Intellectual Property

Supports patent, trademark, or copyright claims by affirming originality or ownership.

Government Applications

Required for licenses, permits, or official certificates.

Types of Affidavits in India

The following are some common types of affidavits which are widely used across India:

An infographic representing common types of affidavits in India

Type of Affidavit

Purpose

General Affidavit

Broadly applicable for making sworn declarations of facts.

Notarized Affidavit

Requires notarization by a notary public to be legally valid.

Affidavit of Support

Establishes financial responsibility for a sponsored individual (e.g., visa or immigration cases).

Affidavit of Heirship

Determines legal heirs when a person dies without a will.

Affidavit of Consent

Grants written approval or consent for legal matters or decisions.

Personal Matters Affidavit

Used for name changes, marital status verification, or lost documents.

Legal Proceedings Affidavit

Submitted as statements or evidence in court cases.

Immigration Affidavit

Supports visa, sponsorship, or family relationship claims in immigration cases.

Real Estate Affidavit

Used in property transactions to confirm ownership or disclose encumbrances.

Employment Affidavit

Confirms job experience, employment status, or related details.

Validity and Challenges

An affidavit’s credibility depends on the following factors:

Factors Affecting Validity

Potential Challenges

Must comply with legal standards and formalities.

Affiant provides false or misleading information.

Should be signed under oath and accurately reflect the facts.

Facts become outdated or irrelevant over time.

Jurisdictional rules may vary.

Failure to meet legal documentation requirements.

Drafting an Affidavit- A Step-by-Step Guide

Creating an affidavit is a systematic process and should be done carefully to ensure the document’s legal validity. Below we have mentioned the essential steps involved in drafting an affidavit. Take a look:

Suppose you are drafting an affidavit; you will be the affiant.

  • Title and Identification: Start by providing a descriptive title to your affidavit and make sure that it explains its purpose. Next, you must mention your legal name, address, and other details.
  • Sworn Declaration: Once the basics are completed, you/the affiant should clearly state that the provided information in the affidavit is accurate. Also, certify that the affidavit was written voluntarily.
  • Facts and Details: Now, provide dates, events, and supporting documentation to back up the claims whenever possible.
  • Notarization (if required): You may need notarization by a notary public, depending on the jurisdiction and the purpose of the affidavit.
  • Signature and Witness: Lastly, sign the affidavit in the presence of a notary public or any other designated authority. If you have any witnesses, make sure they must also sign the document.

Affidavit Stamp Duty Payment

Stamp duty is a tax levied by the Indian government on various documents, including affidavits. Paying stamp duty on an affidavit is essential to ensure its legal validity.

We have listed the steps below, which you can consider following when paying stamp duty:

  • #Step 1: Find out the stamp duty amount you’re supposed to pay. You can check the stamp duty rates for affidavits in your state or jurisdiction where the affidavit was created. Remember, rates can vary depending on the purpose of your affidavit.
  • #Step 2: Once you know the stamp duty amount, pay it and purchase non-judicial stamp paper. Ensure you obtain it only from licensed retailers or government agencies in the appropriate denomination.
  • #Step 3: Compose the affidavit on the stamp paper, including all necessary details.

Revenue stamps must be affixed to the affidavit in some states as proof of payment.

While paying stamp duty for an affidavit is a legal necessity, it has several drawbacks and challenges. This includes additional costs associated with physical stamp papers or the availability of the stamp papers. But digitizing the entire workflow allows you to seamlessly e-stamp, create an affidavit, and pay stamp duty more easily.

Head to the next section to learn more about eStamp.

Simplify Affidavit Stamp Duty Payment With SignDesk eStamp

SignDesk’s digital stamping solution simplifies the process of creating affidavits by offering a user-friendly platform that streamlines every step.

Template Repository

Effortlessly generate documents by uploading your files or selecting from a vast collection of pre-designed templates in our extensive library. Customize and create legally sound documents instantly, saving time and effort.

Instant Stamping

Easily acquire stamp papers by selecting your state and the required denominations. Pre-ordering ensures that stamp papers are always ready, allowing you to execute documents seamlessly whenever needed.

eSignature-Enabled Solution

Invite stakeholders to sign agreements digitally to accelerate document execution. Our integrated eSignature and eStamping solution eliminates delays, making the process more efficient and legally compliant.

User-Friendly Dashboard

A centralized, intuitive dashboard makes it easy to manage multiple agreements. The organized interface allows quick access to all ongoing and completed document processes, reducing manual effort and improving efficiency.

Automated Alerts & Notifications

With automated notifications, you can stay informed at every stage of the document stamping process. Timely alerts help you keep track of critical timelines, ensuring smooth and uninterrupted workflow execution.

Bulk Execution for Large-Scale Needs

Handle large volumes of agreements effortlessly with instant access to stamp papers and optimized execution workflows.

In conclusion, businesses can easily use SignDesk’s efficient solutions to manage the affidavit workflow. The solution makes the entire process quicker, more convenient, and more efficient! To learn how e-stamping can simplify affidavit management for your business, book a free demo with SignDesk.