- https://vinodkothari.com/2018/09/who-can-file-an-affidavit
- https://superca.in/blogs/what-is-an-affidavit-and-what-are-the-uses-of-it
- https://study.com/academy/lesson/affidavit-definition-examples-types.html
- https://legaldesk.com/affidavits
- https://blog.ipleaders.in/what-is-affidavit/#:~:text=or%20other%20officers.-,Types%20of%20affidavits,
Summary
During property registration, many people want to understand what is Article 4 affidavit and why it is required. It is a sworn legal declaration filed under the applicable State Stamp Act that discloses key details of a property transaction, including the nature of the transfer, the property description, and the actual market value. This affidavit helps authorities calculate the correct stamp duty and prevents under-reporting. It must be prepared on valid stamp paper, notarized, and submitted to the Sub-Registrar along with the sale deed for smooth registration and approval.
Legal Basis of Article 4 Affidavit
The Article 4 affidavit derives its power and requirement directly from the state legislation governing taxes on documents. Every state in India has a Stamp Act that lists various instruments and the duty payable on them in a "Schedule". [1]
Recommended Reading
- Linked to the Stamp Act applicable in the state: The affidavit is not a central law requirement but depends on the specific State Stamp Act (e.g., the Maharashtra Stamp Act).
- Article 4 generally deals with agreements or instruments related to property transfer: In the schedule of these Acts, "Article 4" typically refers to the category of "Affidavit" itself or declarations made regarding specific agreements.
- Purpose is to prevent stamp duty evasion: The legal intent behind demanding this affidavit is to ensure that parties do not understate the value of a deal to pay less tax. It acts as a sworn guarantee of truth.
When Is an Article 4 Affidavit Required?
The article 4 affidavit is required only in specific administrative and legal scenarios. It acts as a supporting document to the main transaction. [2]
- Declaration of document nature for stamp duty assessment.
- It is commonly used during the sale, transfer, or gifting of immovable property to declare the true market value.
- It is a mandatory attachment in many registry offices to process the main sale deed or agreement.
- It ensures that the parties comply with all local revenue laws before a document is officially registered.
Information Declared in an Article 4 Affidavit
There are certain informations that are mandate in the Article 4 affidavit: [3]
- Property description: It must include the property's detailed address, survey number, and area.
- Market value of the property: The deponent must honestly declare the current market value, as this determines the stamp duty amount.
- Consideration amount: The actual money exchanged between the buyer and the seller.
- Nature of transaction: The affidavit must state whether the transaction is a sale, gift, lease, or exchange.
- Relationship between parties (if any): In cases of family transfers where stamp duty might be lower, the relationship must be declared here.
- Confirmation of correct stamp duty payment: The deponent swears that they have paid the required stamp duty in accordance with the law.
The person making this declaration is called the deponent. It is helpful to understand what an affiant (or deponent) is and what their responsibilities are.
Documents Required for Article 4 Affidavit
To create a valid Article 4 affidavit, you need to provide certain documents. [4]
- Identity proof and address proof of the deponent (Aadhaar / Passport / PAN).
- Supporting document related to the declaration (agreement, deed, or instrument).
- Stamp paper of appropriate value The affidavit must be printed on non-judicial stamp paper. The value is usually nominal (e.g., ₹100 or ₹500) but depends on the state rules.
- Photograph of the deponent (if required).
How to Make an Article 4 Affidavit?
If you are unsure how to make an Article 4 affidavit, do not worry. The process is systematic and follows the standard legal procedure for sworn statements. Here is a step-by-step guide to help you get it done correctly. [5]
Step 1: Draft the Affidavit
Prepare the affidavit with complete transaction details, using clear legal language, and clearly reference the related document, such as the sale deed or agreement.
Step 2: Use Appropriate Stamp Paper
Print the affidavit on stamp paper of the value prescribed by your state under Article 4 of the Stamp Act Schedule.
Step 3: Get the Affidavit Notarized
Sign the affidavit before a Notary Public or Executive Magistrate, who verifies your identity and adds their official seal and signature. It is important to know who can notarize an affidavit to avoid approaching the wrong official.
Step 4: Submit to Sub-Registrar / Stamp Authority
Attach the affidavit with the main deed and submit it to the Sub-Registrar during registration for stamp duty verification.
AFFIDAVIT FORMAT FOR ARTICLE 4 STAMP PAPER
(On Article 4 Stamp Paper / for present legal use)
I, [Your Full Name],
son/daughter/wife of [Father’s/Husband’s Name],
aged [Age] years,
resident of [Full Address],
do hereby solemnly affirm and state as follows:
- That I am [deponent’s status — e.g., applicant/affiant] and am fully acquainted with the facts stated herein.
- That the following statements are true and correct to the best of my knowledge and belief: (a) [Fact or statement 1]
(b) [Fact or statement 2]
…
(n) [More facts, if any] - That this affidavit is made for the purpose of [purpose — e.g., declaration, submission before a court/office, correction of records, etc.] and for being used as true and correct wherever necessary.
- That I understand that if any part of this affidavit is found to be false, I shall be liable for legal action under applicable law.
VERIFICATION
I, [Your Name], do hereby verify that the contents of paragraphs 1 to 4 above are true and correct to my knowledge and belief and nothing material has been concealed therefrom.
Verified at [Place] on this [Date].
DEPONENT
(Signature of Deponent)
ATTESTED BEFORE ME
Sworn and signed before me on this [Date] at [Place].
(Signature & Seal of Notary Public / Oath Commissioner / Judicial Officer)
Article 4 Affidavit vs Sale Deed Declaration
It is easy to confuse the Article 4 affidavit with the main sale deed or the declarations made within the deed itself. However, they serve different legal functions. The affidavit is a supporting tool, while the deed is the primary contract.
| Aspect | Article 4 Affidavit | Sale Deed Declaration |
|---|---|---|
| Purpose | To declare facts for stamp duty assessment and prevent evasion. | To transfer ownership rights from seller to buyer. |
| Nature | A sworn statement of truth by one party (deponent). | A bilateral contract signed by both parties. |
| Authority | Attested by a Notary or Executive Magistrate. | Registered by the Sub-Registrar of Assurances. |
| Mandatory | Required as a supporting document in specific cases. | Mandatory for any property transfer to be valid. |
Is Notarization Mandatory for Article 4 Affidavit?
A common question arises: Can you just self-attest this document? The answer is generally no. For an Article 4 affidavit to be accepted by government authorities, formal attestation is important.
- Yes, in most states: The law requires that the person making the declaration be identified and sworn in by a competent authority.
- Required for legal validity and acceptance: A simple signature without a notary seal has little evidentiary value in the eyes of the Sub-Registrar. The notary's seal confirms that the signature is genuine and voluntary.
In today's digital age, you might also want to explore options for e-affidavit services to streamline this process.
How NoBroker Can Help With Notary and Affidavit Services?
Dealing with what is article 4 affidavit and related paperwork can be stressful for non-legal users. NoBroker simplifies this by offering complete notary and affidavit support under one roof. The service helps draft the correct affidavit format in accordance with state stamp rules, verifies supporting documents, and arranges notarisation smoothly. With guided assistance and online support, NoBroker saves time and reduces errors. Whether it’s property registration or stamp duty compliance, the process becomes faster, simpler, and legally correct.

