Legal & Judicial Services#113

Understanding Affidavit preparation and notarization

Prepare and notarise an affidavit for self-declarations on income, birth, relationships, or intent to government.

At a glance

Jurisdiction

All of India — Notary Public appointed under the Notaries Act, 1952

Who applies

Any individual, company, or organisation requiring a sworn written declaration (affidavit) to be authenticated by a Notary Public for use before government departments, courts, banks, or other authorities

Typical time

Same day (1–4 hours) if content is ready; 1–2 days if the Notary must also verify facts

Fee

Notary stamp duty (non-judicial stamp paper): ₹20–₹500 depending on state and type of affidavit; Notary's professional fee: ₹50–₹500; total typically ₹100–₹1,000

Who should use this process

  • Any person of sound mind, 18 years or older, can swear an affidavit
  • The deponent (person swearing the affidavit) must personally appear before the Notary Public and identify themselves
  • For illiterate or visually impaired persons, the Notary reads out the affidavit and notes this in the jurat (notarial certificate)
  • Corporate or institutional affidavits are sworn by an authorised signatory with supporting board resolution or authorisation letter

Who does NOT need to apply

  • Affidavits cannot be used to create, transfer, or extinguish property rights — those require registered deeds
  • A notarised affidavit is not a substitute for a court-ordered document or a registered instrument where registration is required by law
  • Affidavits regarding foreign jurisdiction matters may require apostille / attestation in addition to notarisation

Documents required

#DocumentType neededPurpose
1Draft Affidavit on Non-Judicial Stamp PaperOriginalThe typed or handwritten text of the affidavit on non-judicial stamp paper of the appropriate denomination purchased from a licensed stamp vendor or e-stamp kiosk
2Identity Proof of DeponentSelf-attested CopyAadhaar card, passport, voter ID, or PAN card to establish the deponent's identity before the Notary
3Address Proof of Deponent(optional)Required when the affidavit is specifically about residence or addressSelf-attested CopyUsed when the affidavit relates to address change, residence declaration, or similar address-based purposes
4Supporting documents specific to the affidavit purpose(optional)Required only when the Notary or receiving authority mandates annexures with the affidavitSelf-attested CopyE.g., name change gazette notification, birth certificate, marriage certificate, property documents — depends on what the affidavit declares
5Passport-size photograph(optional)Required in certain states or for certain authorities (passport, visa, school admission)OriginalAffixed to the affidavit as part of the notarial certificate in some states or for specific purposes (e.g., age declaration affidavit)

Original documents: Carry originals only for in-person visits — do not hand them over permanently unless explicitly required.

Step-by-step guide

  1. 1

    Determine the type and content of affidavit needed

    Both

    Identify exactly what declaration needs to be made and why. Common types include: name change affidavit, address proof affidavit, age declaration, income affidavit, marital status declaration, lost document affidavit, and relationship affidavit. Confirm with the receiving authority (government department, court, bank) whether they have a prescribed format or will accept a general affidavit.

    30 minutes to 1 day
  2. 2

    Purchase non-judicial stamp paper

    Both

    Buy non-judicial stamp paper of the denomination prescribed by your state from a licensed stamp vendor near the district court or through the state's e-GRAS or stock holding corporation portal. The denomination varies by state (typically ₹20–₹500). Some courts or Notaries provide stamp paper and include the cost in their fee.

    30 minuteshttps://www.shcilestamp.com
  3. 3

    Draft the affidavit

    Both

    Type or write the affidavit in the prescribed or standard format. It must include: (a) deponent's full name, age, address, and occupation; (b) the statement 'I, [name], do hereby solemnly affirm and state on oath as under:'; (c) numbered statements of fact; (d) a verification clause ('The contents of the above affidavit are true to my knowledge and belief'); (e) signature or thumb impression of the deponent. Use Karvado's format templates for common affidavit types if available.

    15–60 minutes
  4. 4

    Appear before Notary Public with documents and original ID

    Offline

    Visit a Notary Public practising in the district where the affidavit is to be used. Carry the original stamp paper with the drafted affidavit, original identity proof, and any required supporting documents. The Notary will verify your identity, read or have you read the affidavit, and administer the oath or affirmation.

    30 minutes to 2 hoursNotary Public
  5. 5

    Deponent signs/marks; Notary affixes jurat and seal

    Offline

    Sign or affix thumb impression on the affidavit in the Notary's presence. The Notary then writes the jurat — the notarial certification — stating the date, place, and that the affidavit was sworn before them. The Notary affixes their official seal and signature, and records the transaction in their Notarial Register. The original notarised affidavit is returned to you.

    15–30 minutesNotary Public

Government officers involved

Notary Public

Ministry of Law and Justice (appointed under Notaries Act, 1952)

Steps 4–5 — identity verification, oath administration, jurat affixing

Legally appointed officer who authenticates affidavits, attests documents, and administers oaths; Notaries are licensed by the Central or State Government

Government portals

SHCIL e-Stamp (Stock Holding Corporation of India)

https://www.shcilestamp.com

Purchasing e-stamps and non-judicial stamp paper online in states where SHCIL is the Authorized Collection Centre

Ministry of Law and Justice — Notaries

https://lawmin.gov.in/notaries

Information about Notary Public appointments; directory of central government notaries

Things to watch out for

Stamp paper denomination varies by state and purpose

Using the wrong denomination of stamp paper can render the affidavit invalid for certain purposes. Confirm the required denomination with the receiving authority before purchase. Some high-value declarations (e.g., above ₹50,000 value) may require higher denomination.

Personal appearance is mandatory — no proxy or remote notarisation

Indian law does not recognise remote or video-based notarisation. The deponent must be physically present before the Notary. Attempting to get an affidavit notarised without appearing in person is legally invalid and may constitute fraud.

Affidavit ≠ registered document for property matters

An affidavit is inadmissible as proof of title, sale, gift, or mortgage of immovable property. For property transactions, a registered sale deed or gift deed with Sub-Registrar is required.

Affidavits for use abroad may need apostille

If the notarised affidavit is to be used in a foreign country that is a signatory to the Hague Convention (e.g., USA, UK, Australia), it must also be apostilled by the Ministry of External Affairs. Contact MEA or authorised agencies for apostille after notarisation.

False statements in an affidavit are a criminal offence

Swearing a false affidavit constitutes perjury under Section 191 of the IPC (now Section 229 of the Bharatiya Nyaya Sanhita, 2023), punishable with imprisonment up to 7 years. Ensure every statement in the affidavit is true.