Almost a year ago, my brother needed to submit an affidavit for a legal matter, but neither he nor I was sure about the complete formalities. So, I asked my senior, a legal expert, does an affidavit need to be witnessed. She said affidavits usually do not require witnesses.
Is It Mandatory to Have an Affidavit Witnessed?
No. An affidavit must be signed before an authorized official, such as a Notary Public, Oath Commissioner, Judicial Magistrate, Executive Magistrate, or Gazetted Officer. But witnesses are generally not
mandatory.
What matters is that the deponent makes a sworn statement and signs the document in the presence of that authorized official, who then verifiably attests to the authenticity of the signature and the oath taken.
Still, in certain situations, like court cases, property disputes, or affidavits for personal or family matters, a court or other authority may specify a requirement for additional witnesses.
Therefore, while the presence of a third-party witness isn't strictly compulsory under Indian law, the involvement of an authorized official is essential.
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An "affiant" or signer attests to the veracity of a written declaration in an affidavit. Only the requirement that the pertinent parties sign them rather than reciting them out distinguishes them from sworn oaths. As an affiant, you must be thinking, does an affidavit need to be witnessed? In India, an affidavit does not mandatorily need to be witnessed by a third party.
Is Witness Required for Affidavit?
It is not mandatory, but you must sign an affidavit in the presence of an authorised officer who administers the oath or affirmation. The person making the affidavit (called the deponent) must sign it in the presence of an authorised officer, such as.
Notary Public
Oath Commissioner
Judicial Magistrate
Executive Magistrate
Gazetted Officer
When are Witnesses Required?
While witnesses are not mandatory for most affidavits, there are some situations where they may be required:
Court Cases
Specific Legal Documents: Certain affidavits (e.g., for property disputes or family matters) may require witnesses as per the instructions of the court or authority.
Notarization
I hope you found this helpful.
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Who can Sign an Affidavit in India
Does an Affidavit Need to be Witnessed?
Yogesh8
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8 months
2025-03-28T11:50:19+00:00 2025-03-28T11:50:20+00:00Comment
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