Can Affidavit Be Cancelled?

From my experience, I can answer your query: Can affidavit be cancelled? An affidavit, a sworn factual statement used as legal evidence, cannot be formally cancelled like a contract. However, its effect and admissibility can be challenged and nullified under certain conditions.

Get Free Estimate

Can a Affidavit be Revoked?

Neutralizing the Impact of an Affidavit:

1. Withdrawal Before Submission: Before being presented in court or any official proceeding, the person who made the affidavit (the affiant) can choose not to use it, effectively withdrawing it without a formal cancellation.

2. Challenging Admissibility in Court: The opposing party can contest whether the court should accept the affidavit as evidence. Common grounds for such challenges include:

3. Format and Attestation Errors: If the affidavit doesn't adhere to the legal requirements for format or if it wasn't properly sworn before an authorized official (e.g., a notary).

4. Inadmissible Content: Inclusion of hearsay (out-of-court statements offered as proof) or irrelevant information may lead the court to disregard parts or all of the affidavit.

5. Lack of Personal Knowledge: The affiant must have direct knowledge of the facts stated. Affidavits based on speculation or second-hand information are generally not admissible.

6. Coercion or Duress: If it can be proven that the affiant was forced or unduly influenced to sign the affidavit, its validity can be questioned.

7. Filing a Counter-Affidavit: The opposing party can submit their own sworn statement that contradicts the claims in the original affidavit, creating a factual dispute for the court to resolve by weighing all presented evidence.

8. Perjury: If the affidavit contains deliberately false statements made under oath, the affiant could be prosecuted for perjury under Section 191 of the Indian Penal Code. While proving perjury doesn't automatically cancel the affidavit, it severely damages its credibility and can lead to criminal charges.

While an affidavit lacks a formal cancellation process, its legal force can be negated by challenging its admissibility, presenting contradictory evidence, or demonstrating its falsity. Ultimately, the court determines the weight and trustworthiness of any affidavit submitted as evidence.

Draft Legally Valid Affidavit With Expert Lawyer Assistance via NoBroker Legal Services

Read More:

What should not be Included in an Affidavit?

Affidavits are legal documents used in court proceedings to present sworn testimony or evidence. It becomes a legally binding document after it is signed and notarised. You can cancel an affidavit with the help of a lawyer, but let me tell you it’s possible under certain circumstances and the nature of the affidavit. Read on to learn how to cancel affidavit.

When an Affidavit Can Be Cancelled?

Here are some conditions under which you can cancel your affidavit.

1. False Information: If the affidavit contains false information, the deponent (the person who made the affidavit) can file a petition in court to cancel or rectify the affidavit.

2. Shift in Circumstances: If circumstances have changed significantly since the deponent made the affidavit, they can ask to cancel or amend it.

3. Court Order: In some cases, a court may order the cancellation of an affidavit if it is found to be misleading or incorrect.

Affidavit Cancellation Process

If you want to cancel your affidavit, here are some methods to do that.

1. Consult a lawyer: It is advisable to consult a lawyer to understand the legal grounds and process for cancelling the affidavit.

2. File a petition: The deponent must file a petition in the relevant court, explaining the reasons for cancellation and providing supporting evidence.

3. Court hearing: The court will review the petition and may conduct a hearing to determine whether the affidavit should be cancelled or amended.

I hope this clarifies your doubt, how can affidavit be cancelled.

Read more