A Blank Affidavit is more like a general affidavit which is filed by an applicant in the court of law. The affidavit is drafted and signed in front of an attorney who acts as a witness. There is only general information present on this type of affidavit and the affidavit says that the applicant has made his statement and the information provided by him is to the best of his knowledge. The rest of the space in the affidavit is left blank and at the bottom of the page, the affidavit is signed by the attorney as well as the applicant.
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What is Blank Affidavit Form?
Usually, a family court is equipped with an affidavit kit. The kit can be used by both applicants and respondents and the kit contains a pack of a blank affidavit. A blank affidavit is nothing but a set of stamp papers which can be used by anyone to make a statement. Even the federal magistrate court has a set of blank affidavit form available to them which can be used as per the requirement. The blank affidavit contains the information regarding the place on the top which is then followed by the information regarding the case.
Below the information, there is a space for date and time. Below the date and time, there is a space for entering all the personal details of the both the applicant as well as respondents. This is followed by a blank space. The blank space can be used to note down the statements immediately and the affidavit can then be signed by the applicant or respondent in front of the attorney. The attorney also signs the affidavit which basically guarantees as a witness. The blank affidavit is usually used as a general purpose affidavit and can be used widely in the proceedings as well as for documentation purpose.
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When is an Affidavit Needed?
An affidavit, in general, is required when someone needs to provide a written testimony or a statement protected by oath. There are several circumstances when an affidavit is required and some such occasions are mentioned below:-
- The affidavit is needed when an applicant or respondent needs to submit a statement which is factually correct. This could be in the case of a dispute or just for the purpose of being a witness.
- An affidavit is required when a person dies without a will and this helps in dividing the assets between the legal heirs. The affidavit is also required when an heir requires asserting the ownership rights on the property of a deceased.
- An affidavit can be submitted in case a person changed his name. This shall be supported by relevant documents and in India, newspaper cutting of the announcement is also requested. An affidavit is also required when an employee is hired. This can declare the purpose of hiring and other details.
- An affidavit can also be used in case of lack of residential proof. This type of affidavit can be used for verification of address of the person.
- During a divorce case, the affidavit can be used to declare the financial status of the person including the annual income.
- The affidavit is also required when a student takes admission in a university. As per the anti-ragging law, a student is required to submit an affidavit stating he would not be involved in any case of ragging. This is valid only in some countries.
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What are the Uses of an Affidavit Form?
There are several uses of an affidavit form. The form can be used in order to provide a testimony and the occasions when the affidavit can be used are
Change of Name
This type of affidavit is used widely in the industry and it is usually used to provide a declaration that a person changed his name later in life or this also provides a declaration if in case a person is known by two names. This can be used for various purpose such as identification or providing a testimony for a case
A general purpose affidavit is used when a person needs to make any sort of declaration regarding the fact. It can be used in any of the circumstances that deal with providing an evidence against or for a case in the court of law. The affidavit should only consist of the facts and not assumptions or opinion.
An affidavit is also used by a business and this provides a statement regarding the dues that a business has. This often works as a promissory note and the affidavit is also used by business it is filing for the bankruptcy. The declaration is made on a stamp paper of the same.
Sale of Property
While a person is selling the property, the affidavit is used to take a declaration for the same and transfer the property. An affidavit also declares that the property is not disputed. This helps the buyer in ensuring that the property is being sold in good faith.
What Should You Know Before Signing?
Before signing an affidavit, there are certain things that an applicant should be aware of and the mentioned below list covers all for the applicant.
The applicant should read the affidavit carefully before signing as the mistake approved could mean that the information mentioned in the affidavit is not true.
The affidavit should contain all the relevant details of the event or the statement that is being made. Incomplete details could lead to the rejection of the affidavit. The affidavit is a legal promise hence mentioning any false details could lead to civil and criminal charges. Therefore, extra care should be taken that only the truth about the event is mentioned in the affidavit. If the information on the affidavit is not correct, it should not be signed.
The affidavit should contain only factually correct details, it should not contain any assumption or opinion. The details like the place of event and time of event should also be mentioned in the statement made in the affidavit. It might be required to support the affidavit with necessary document hence this should be checked with the attorney. A completely blank affidavit should not be signed.
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