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Notaries Act · Attestation

Affidavits and notarisation: small documents that fail for small reasons

An affidavit is a sworn statement, and it is the most routine document in Indian legal practice. It also gets rejected constantly: wrong stamp value, wrong verification clause, wrong attesting authority for the purpose.

Quick answer

An affidavit is a written statement sworn before a notary or authorised officer. A false statement in one can attract prosecution for perjury.

For use abroad, an additional layer, apostille or embassy attestation, is usually required.

The affidavits people most often need

Nearly all of them are required by a third party (a bank, a school, a government office, an employer) and each has its own expectations about format.

Name and date of birth. Change of name, correction of spelling, or discrepancies between documents.Address and residence. For banks, admissions, passports and utility connections.Marital status. Single status declarations, frequently needed for marriage or visa purposes abroad.Loss of documents. Lost certificates, share certificates, or title deeds, usually alongside a police complaint.Income and relationship. For scholarships, benefits and succession matters.Court affidavits. Supporting pleadings and applications, where the verification clause has to be precisely right.

What makes them get rejected

The commonest reasons are mechanical: the wrong stamp paper value, a verification clause that does not distinguish what is stated from personal knowledge and what from information believed to be true, missing details of the deponent, or attestation by an authority the receiving office does not accept.

Ask the authority requiring the affidavit what format they expect before drafting. It sounds obvious, and it saves more re-work than any other step.

An affidavit is sworn evidence. A false statement can lead to prosecution: see perjury and false affidavits. Never sign an affidavit you have not read carefully, and never swear to something you do not personally know.

Documents for use outside India

Notarisation alone is usually not enough for a foreign authority. Depending on the destination country, the document will need an apostille under the Hague Convention, or attestation by the Ministry of External Affairs and the relevant embassy.

For clients abroad, powers of attorney executed overseas have their own requirements before they can be used in India: including attestation at the Indian mission and adjudication of stamp duty after arrival. We handle those sequences regularly for NRI clients.

FAQs

Affidavits: common questions

What stamp paper value is needed for an affidavit?+

It depends on the type of affidavit and the purpose, and the value is set by the State. Using the wrong denomination is the commonest reason an affidavit is refused at the counter.

Can an affidavit be notarised online?+

Certain attestations can be done remotely, but many authorities in India still require physical presence before the notary. The safest approach is to confirm with the receiving authority first.

Do I need an apostille?+

If the document is for use in a country that is party to the Hague Apostille Convention, yes. Otherwise embassy attestation is required. The route depends entirely on the destination country.

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