Who can Sign an Affidavit?

Hi, I can answer your question: who can sign an affidavit in India? In India, anyone capable of making an oath or affirmation can sign an affidavit, provided they meet certain legal competency requirements.

Who Can Do Affidavit?

Let me tell you who can do affidavit:

1. The person making the affidavit (affiant) must be of sound mind and understand the affidavit's content. Minors and those deemed mentally incompetent generally cannot execute affidavits, unless a guardian or representative does so following specific court rules.

2. While no specific age is legally mandated, the affiant must be old enough to grasp the affidavit's implications and swear to its truthfulness, typically aligning with the age of majority (18 years).

3. The affiant must understand the language of the affidavit. If not, a translated version or interpreter explanation is required and must be documented within the affidavit.

4. Affidavit statements should primarily be based on the affiant's personal knowledge and belief. If information comes from other sources, these sources must be clearly stated.

5. The affidavit must be properly sworn before an authorised officer (e.g., notary public, oath commissioner, or magistrate) who will verify the affiant's identity and administer the oath. The affiant must sign in the officer's presence.

Providing false information in an affidavit is a serious offense under Indian law and can lead to perjury prosecution. Therefore, the affiant must ensure all statements are truthful and accurate to the best of their knowledge.

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Does an Affidavit Need to be Witnessed?

In India, an affidavit is a written statement of facts that the person swears to be true. They made oath or affirmation before a competent authority, such as a Notary Public, a magistrate, or a commissioner of oaths. Affidavits are commonly used in legal proceedings, official documents, and administrative matters. Coming back to your query, who can sign an affidavit? In India, either the affiant or the person making the statement can sign an affidavit. Read on to know more about this.

Who can Sign My Affidavit?

The person making the statement (the deponent) is the one who signs the affidavit. This person must be the one to provide the facts and speak the truth. Specifically:

• Any Individual: Anyone who can understand the contents and authenticity may sign the affidavit. This covers both natural persons, such as individuals, and entities, such as businesses, which have the authority to act through their designated representatives.

• Representative of an Organisation: Just informing you, the director, secretary, or designated representative can sign an affidavit. It is in the case if it is being made on behalf of an organisation (such as a business, trust, or society). This person would typically provide the organisation’s stamp or seal as well.

• Let me also tell you that a competent authority who can authenticate the deponent’s signature performs the administration of an affidavit. These authorities include Notary Public, Magistrate, Commissioner of Oaths, and Consular Officer. 

This is about who signs affidavit. Let's also check.

Who Cannot Sign an Affidavit?

• Children under the age of 18 cannot sign affidavits independently. 

• Those who are not mentally capable of understanding the contents of the affidavit cannot sign it. 

• A person who is in custody or under arrest might need special provisions or approval from a jail authority or court to execute an affidavit.

I hope this resolves your query, who can sign an affidavit.

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An affidavit is a written statement or declaration made under oath or affirmation, attesting to the truth of the facts stated in the document. It is a legally binding document and is used in various legal proceedings to present evidence or information in a formal and sworn manner. But you must be aware of who can sign an affidavit. It is very important to know these things. So learn here who can sign an affidavit in India.

Who is eligible to sign an affidavit in India?

An affidavit is signed by the two parties, the person making the statement called an affiant and by the person who is legally authorised to administer the oath. They are usually the notary public or court and government officers. If you are wondering can a commissioner of oaths sign an affidavit, let me tell you yes they can. As per Section 3(2)(b) of the Oaths Act, 1969, a commissioner of oaths can sign a non-judicial affidavit.

Can a minor sign an affidavit in india?

A minor can sign an affidavit in India if the case is related with any family matters. But it is to be made sure that the minor is able to understand the facts for which he/she is signing the affidavit.

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