An affidavit is a written statement made under oath or affirmation, sworn before an authority empowered to administer oaths, such as a notary public or an advocate. It is used in various legal proceedings and administrative processes to assert facts in a legally recognized form. Understanding how to properly draft an affidavit is crucial for law students, legal professionals, and anyone involved in a formal documentation process.
This article provides a comprehensive guide to drafting an affidavit, with a detailed breakdown of each element. We will use a sample affidavit—Proof of Relationship between a father and his son—to illustrate the structure and components clearly.
TITLE OF THE AFFIDAVIT
The title should be clear, specific, and concise. It reflects the purpose of the affidavit.
Example:
“AFFIDAVIT FOR PROOF OF RELATIONSHIP”
This immediately informs the reader and the authority about the subject matter of the declaration.
OPPENING DECLARATION
This section includes the deponent’s full name, parentage, age, occupation, and residential address. It also declares that the deponent is competent to swear the affidavit.
Sample:
“I, Mr. Ramesh Chandra, S/o Late Harish Chandra, Age: 50 years, Occupation: Private Service, Resident of: 24/6, Rajendra Nagar, New Delhi – 110060, do hereby solemnly affirm and state as follows:”
This provides the identity and credibility of the deponent. The phrase “do hereby solemnly affirm and state” signifies that the statement is made under oath.
STATEMENT OF FACTS
This is the most substantive part of the affidavit. It is divided into numbered paragraphs for clarity. Each paragraph should state a separate fact or logical grouping of facts in simple and direct language.
Paragraph-wise Breakdown:
- Paragraph 1 confirms the deponent’s competency.
- Paragraph 2 declares citizenship and gives relevant identity details.
- Paragraph 3 introduces the relationship to be proved (e.g., father-son).
- Paragraph 4 reinforces the genuineness of the relationship.
- Paragraph 5 lists supporting documentary evidence.
- Paragraph 6 states the purpose for which the affidavit is being executed.
- Paragraph 7 is a general affirmation of truthfulness and honesty.
Sample:
- “That I am the father of Mr. Mohit Chandra, S/o Ramesh Chandra, born on 12th May 2004 at Safdarjung Hospital, New Delhi.
- That the said relationship is evident from the following documents:
- Birth Certificate of Mohit Chandra issued by NDMC (Reg. No. NDMC/2004/56890)
- Aadhaar Card of both parties showing linkage
- School Admission Record of Mohit Chandra”
Each statement must be factual and verifiable, avoiding opinions or assumptions.
PLACE AND DATE
This appears just before the signature block and confirms when and where the affidavit was executed.
Sample:
“Verified at New Delhi on this 26th day of June, 2025.”
This helps in authentication and future referencing.
SIGNATURE
The deponent must sign the affidavit at the end, affirming that the information provided is true.
Sample:
“DEPONENT
(Signature)
Name: Ramesh Chandra
Address: 24/6, Rajendra Nagar, New Delhi – 110060”
It is advisable to sign in black ink and ensure the full name is legibly written.
VERIFICATION
This is a legal requirement. It is a formal declaration that everything stated in the affidavit is true to the deponent’s knowledge and belief.
Sample:
“I, the deponent above named, do hereby verify that the contents of this affidavit from paragraphs 1 to 7 are true and correct to the best of my knowledge and belief. Nothing material has been concealed therefrom.”
Again, the date and place of verification should be mentioned along with the signature.7. Advocate or Notary Attestation (If Applicable)
If the affidavit is executed through an advocate or requires attestation before a notary, this section is included. It is typically placed at the end of the document.
Sample:
“Signed and affirmed before me on this 26th day of June, 2025 at my office in New Delhi by the deponent above named, who is personally known to me.
(Sd/-)
Adv. Anurag Mehra
Advocate, Enrollment No. D/2476/2013
Chamber No. 114-B, Tis Hazari Courts Complex, Delhi – 110054
Mobile: +91-9873456210
Email: advanurag.mehra@gmail.com
[Stamp of Advocate]”
This attestation confirms that the deponent appeared in person, and the affidavit was executed in their presence.
CONCLUSION
An affidavit is a powerful legal document that must be drafted with precision, honesty, and clarity. It must be free from exaggerations and only include facts known to the deponent. A well-structured affidavit strengthens your case and serves as a reliable piece of evidence.
For legal validity, always ensure that the affidavit is:
- Written on stamp paper of appropriate value (as per local laws),
- Properly signed and verified by the deponent,
- Attested before a competent authority such as an advocate, notary public, or magistrate, depending on the requirement.
This blog is written by Ashmit Srivastava an intern under legal vidhiya.
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