Affidavit means a sworn statement in writing made especially under oath or on affirmation before an authorised magistrate or officer. By executing an affidavit the executor takes the responsibility of truthfulness of his/her statement. If in any future occasion it is proved that the statement was untrue and the executor knowingly or intentionally provided false statement, he/she will be penalised accordingly.
Once somebody admits something by formal declaration, they have no scope to deny the fact later. This is why affidavit is mandatory in some legal processes for some legal documents. If you want to buy, sell or gift a piece of land or an apartment, you will have to do an affidavit regarding your ownership over the property.
Moreover, affidavit is required for filing suits, correction of names, religious conversion, etc. It is also mandatory for marriage, divorce and many other sectors specified by law.
How to get it done
To execute an affidavit you will have to write the subject matters on a non-judicial stamp paper. The value of the stamp paper varies with the subject matter. Typically, the value is between Tk150 to Tk500. You also need to affix a copy of your passport size attested photograph on the stamp paper. Once you are done with these, you need to go to a first class magistrate or a notary public, before whom you will have to affirm the matters in writing and sign on the stamp.
After scrutinising the documents, the magistrate or notary public will put his signature on the same stamp paper and affix a government special seal along with his official seal on the same paper. Finally he will give the document a number and preserve a photocopy of the document in his office.
Some key points to remember
If you want to get an interim relief in a civil suit, you will have to execute your affidavit before the concerned court officer; in that case no photograph is required. To submit a written statement against such relief same procedure needs to be followed. In case of land related issues, the affidavit will have to be submitted before the registrar to register the document. Presently, age cannot be changed by a mere affidavit. However, in case of alteration of names a newspaper advertisement is necessary along with an affidavit.
It is important to note that a mere affidavit before a magistrate or notary public does not constitute a marriage. Though it is known as court marriage in popular term, but actually it is a mere declaration of a marriage by the parties. It has no legal effect to prove a valid marriage; for a marriage to be valid, it has to be completed according to the rule of religion of the parties concerned. Similarly, in case of divorce, parties must follow exact procedure of law.
Finally, an affidavit is regarded as a supplementary evidence to strengthen the claim. By executing an affidavit the executor avow a fact, hence before doing an affidavit one must acquire full knowledge of the fact and describe that fact very carefully. Otherwise, the purpose of affidavit will be defeated and one may lose his/her rights.