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What is an Affidavit?

An affidavit is a sworn written statement of facts made voluntarily by the deponent (person making the affidavit), confirmed by oath or affirmation before a person authorized to administer oaths. In India, affidavits are governed by the Indian Evidence Act, 1872 (now Bharatiya Sakshya Adhiniyam, 2023) and the Oaths Act, 1969. They must be executed on non-judicial stamp paper of the prescribed value and notarized by a Notary Public appointed under the Notaries Act, 1952, or an Oath Commissioner appointed by the High Court. Affidavits are used extensively in Indian courts, government offices, and administrative proceedings as a substitute for oral evidence.

Types of Affidavits and Their Uses

TypeCommon UseTypically Required By
Name ChangePassport, Aadhaar, PAN, school records updatePassport Seva Kendra, UIDAI, Banks
IncomeSchool admissions, scholarships, govt. schemesSchools, Scholarship boards, BPL certification
Address ProofWhen utility bills are not in your nameBanks, Government offices, Passport office
One & Same PersonName mismatch across documentsCourts, Banks, Insurance companies
Date of BirthBirth certificate unavailable or has errorsSchools, Passport office, Pension authorities
GeneralCourt filings, property transactions, insurance claimsCourts, Registrar offices

Stamp Paper Requirements by State

StateStamp Paper ValueE-Stamp Available
MaharashtraRs. 100Yes
DelhiRs. 10Yes
KarnatakaRs. 20Yes
Tamil NaduRs. 20Yes
Uttar PradeshRs. 10Yes
GujaratRs. 20Yes
TelanganaRs. 20Yes
West BengalRs. 10Yes
RajasthanRs. 10Yes
Madhya PradeshRs. 50Yes

* Rates are approximate and may change. E-stamps are available through SHCIL (Stock Holding Corporation of India) authorized vendors.

How to Get an Affidavit Notarized — Step by Step

  1. Generate your affidavit using LawCentral AI's free tool
  2. Purchase non-judicial stamp paper of the required value from a licensed vendor or e-stamp from SHCIL
  3. Print the affidavit text on the stamp paper (or attach the e-stamp to the printed affidavit)
  4. Affix your passport-size photograph on the affidavit (required for identity-related affidavits)
  5. Visit a Notary Public or Oath Commissioner in your area
  6. Carry valid ID proof (Aadhaar, PAN, or Passport) for verification
  7. Sign the affidavit in the presence of the Notary
  8. The Notary will verify your identity, administer the oath, stamp the affidavit with their seal, and assign a registration number
  9. Notarization fees typically range from Rs. 50 to Rs. 200 depending on the city

Name Change Affidavit — Complete Process in India

The complete process for legally changing your name in India involves four steps:

Step 1: Execute the Affidavit

Create a name change affidavit on stamp paper stating your old name, new name, and reason for the change. Get it notarized.

Step 2: Newspaper Publication

Publish a name change advertisement in two local newspapers — one in English and one in the regional language of your state. Cost is typically Rs. 500-2,000 per newspaper.

Step 3: Gazette Notification

Apply to the Department of Publication, Government of India, for publication in the Official Gazette. This can be done online through the eGazette portal. Fee is approximately Rs. 600. Processing takes 2-4 weeks.

Step 4: Update Records

With the affidavit, newspaper clippings, and gazette notification, update your name at: Aadhaar (UIDAI), PAN Card (Income Tax), Passport (Passport Seva), bank accounts, voter ID, driving license, and educational certificates.

Frequently Asked Questions

What stamp paper value is required for an affidavit in India?

Stamp paper value varies by state: Maharashtra Rs. 100, Delhi Rs. 10, Karnataka Rs. 20, Tamil Nadu Rs. 20, Uttar Pradesh Rs. 10, Gujarat Rs. 20, Telangana Rs. 20, West Bengal Rs. 10. The affidavit must be printed on non-judicial stamp paper of the prescribed value.

Is notarization mandatory for an affidavit in India?

Yes, under the Indian Evidence Act (now Bharatiya Sakshya Adhiniyam, 2023), an affidavit must be sworn before a person authorized to administer oaths — typically a Notary Public under the Notaries Act, 1952, or an Oath Commissioner appointed by the High Court. An unattested affidavit has no legal validity.

How long is an affidavit valid in India?

There is no fixed validity period for affidavits under Indian law. However, government departments and courts may require affidavits to be recent (typically within 3-6 months). Name change affidavits and one-and-same-person affidavits generally remain valid indefinitely once published in the Gazette.

Can I use e-stamp paper for an affidavit?

Yes, e-stamp paper issued by SHCIL (Stock Holding Corporation of India) is legally valid and accepted across all Indian states for affidavits. E-stamps are tamper-proof, can be verified online, and are available from authorized vendors or through the SHCIL website.

What is the name change affidavit process in India?

Step 1: Execute a name change affidavit on stamp paper and get it notarized. Step 2: Publish the name change in two local newspapers (one English, one regional language). Step 3: Apply for publication in the Official Gazette. Step 4: Update records at Aadhaar, PAN, passport, bank, etc. with the affidavit, newspaper clippings, and gazette notification as proof.

Is a self-attested affidavit valid in India?

No, a self-attested affidavit is not legally valid. An affidavit must be attested by a Notary Public, Oath Commissioner, or Magistrate authorized to administer oaths. An unattested or self-signed affidavit has no evidentiary value in court proceedings or before government authorities.

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