An Affidavit of Claim is a fundamental legal document in the Indian judicial system, used when an individual or entity needs to formally assert a claim or right. This sworn statement, executed under the provisions of the Indian Oaths Act, 1969, serves as a formal declaration of facts that can be presented as evidence in legal proceedings. The document is typically used in various situations such as insurance claims, debt recovery, property disputes, or any scenario where a formal claim needs to be documented and verified. The Affidavit of Claim must be executed before a notary public or other authorized official, requires proper stamping as per the Indian Stamp Act, and needs to follow specific formatting and content requirements to be legally valid. It's a crucial document that helps establish the veracity of claims through a legally recognized process.
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1. Title and Jurisdiction: Specifies the type of affidavit and the court/authority before which it is being sworn
2. Deponent Details: Full name, age, occupation, and complete address of the person making the affidavit
3. Background Statement: Brief introduction explaining the deponent's relationship to the matter
4. Facts and Claims: Numbered paragraphs containing all relevant facts and claims, arranged chronologically or logically
5. Supporting Documents Reference: References to any documents being relied upon to support the claims
6. Declaration of Truth: Statement confirming that all information provided is true to the best of the deponent's knowledge
7. Verification Clause: Standard verification clause stating the date and place of verification, with deponent's signature
8. Notary Attestation: Space for notary's signature, stamp, and details of notarization
1. Prayer/Relief Sought: Used when the affidavit is filed in connection with a specific prayer or relief being sought from the court
2. Interim Orders Reference: Include when referring to any existing court orders or interim directions related to the claim
3. Legal Grounds: Used when specific legal provisions or precedents need to be cited to support the claim
4. Urgency Statement: Include when the matter requires immediate attention or urgent hearing
5. Previous Proceedings: Used when there are related prior legal proceedings that need to be mentioned
1. Annexure List: Index of all documents attached to support the claims made in the affidavit
2. Document Copies: Certified copies of supporting documents referenced in the affidavit
3. Proof of Identity: Copy of deponent's identity proof (usually required by notary)
4. Power of Attorney: If the deponent is acting on behalf of someone else, the authorization document needs to be attached
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