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Affidavit Of Agreement for India

Affidavit Of Agreement Template for India

An Affidavit of Agreement is a formal legal document used in India that combines the features of a sworn statement and a contractual agreement. It is executed before a notary public or authorized official and carries the weight of both a sworn testimony and a binding contract. The document must comply with the Indian Oaths Act, 1969, and various other Indian laws including the Indian Contract Act, 1872, and the Notaries Act, 1952. It serves as strong evidence in legal proceedings and requires proper stamping as per the Indian Stamp Act. This document is particularly valuable when parties need to create a record of their agreement with the additional security of a sworn statement.

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What is a Affidavit Of Agreement?

The Affidavit of Agreement is a crucial legal instrument in the Indian legal system that serves multiple purposes in both business and personal contexts. This document type is particularly useful when parties need to create a formal record of their agreement with the added weight of a sworn statement. It must be executed in compliance with Indian legislation, particularly the Indian Oaths Act, 1969, and requires proper notarization and stamping. The document typically includes detailed information about the parties, the subject matter of the agreement, specific declarations, and verification clauses. It's commonly used in situations requiring high levels of legal certainty and enforceability, such as property transactions, business arrangements, or formal commitments. The Affidavit of Agreement carries significant evidentiary value in legal proceedings and can be used to establish the existence and terms of an agreement in case of future disputes.

What sections should be included in a Affidavit Of Agreement?

1. Title and Jurisdiction: Specifies the type of affidavit and the jurisdiction under which it is being executed

2. Deponent Details: Full identification and contact details of the person making the affidavit

3. Parties: Complete details of all parties involved in the agreement, including names, addresses, and legal capacity

4. Background: Context and circumstances leading to the agreement

5. Definitions: Definitions of key terms used in the affidavit

6. Subject Matter: Clear description of the agreement's subject matter and scope

7. Terms and Conditions: Detailed terms and conditions of the agreement being affirmed

8. Declarations: Specific statements or promises being made under oath

9. Verification Clause: Standard verification statement confirming the truth of the contents

10. Execution: Date, place, and signatures of the deponent

What sections are optional to include in a Affidavit Of Agreement?

1. Consideration: Details of any financial or other consideration involved in the agreement, if applicable

2. Obligations: Specific duties and responsibilities of each party, if the agreement involves ongoing commitments

3. Duration: Timeframe of the agreement, if time-bound

4. Dispute Resolution: Mechanism for resolving disputes, if parties wish to specify this

5. Governing Law: Specific laws governing the agreement, if different from general jurisdiction

6. Witness Details: Information about witnesses, if additional verification is desired

What schedules should be included in a Affidavit Of Agreement?

1. Identity Proof Documents: Copies of identity documents of the deponent and parties

2. Supporting Documents: Any relevant documents supporting the statements made in the affidavit

3. Property Details: If the agreement relates to property, detailed description and documents of the property

4. Payment Schedule: If the agreement involves payments, detailed schedule of payments and terms

5. Power of Attorney: If any party is represented through Power of Attorney, copy of the same

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions

























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