Common Uses of Affidavit in Property Transactions
| Situation | Type of Affidavit | Required By |
|---|---|---|
| Name mismatch in documents | Name correction affidavit — declaring both names refer to same person | Bank, Sub-Registrar, mutation office |
| Lost original documents | Loss of document affidavit — declaring document lost, not pledged | Bank for home loan, society, Sub-Registrar |
| Ownership declaration | Self-declaration affidavit by seller confirming clear title | Buyer's due diligence, bank |
| Possession declaration | Affidavit of possession — seller declares peaceful possession | Buyer's lawyer, bank |
| Relationship proof | Affidavit declaring family relationship — for inheritance or joint ownership | Bank, mutation office, society |
| No-encumbrance declaration | Seller declares property is free of mortgage, litigation, or dues | Buyer's lawyer, bank legal team |
| First-time buyer declaration | Buyer declares this is first residential property — for PMAY/80EEA benefits | Bank, income tax |
How to Make an Affidavit
Steps to Execute an Affidavit
- Draft the affidavit: State facts clearly in first person — "I, [Name], S/o [Father's Name], residing at [Address], hereby solemnly declare..."
- Print on stamp paper: Use appropriate denomination non-judicial stamp paper — ₹20–₹200 depending on state
- Sign in front of notary: Do not sign before appearing before notary — sign in their presence
- Notary attestation: Notary verifies identity (Aadhaar/PAN), witnesses signature, affixes seal and signature
- Notary fee: Typically ₹100–₹500 — nominal
Affidavit is not title proof: A seller's affidavit declaring "I am the owner with clear title" does not replace actual title documents — EC, sale deed, and mutation records. Banks and lawyers use affidavits as supplementary support, not as primary evidence of ownership. Never rely solely on an affidavit for title verification.
Related Terms
Frequently Asked Questions
An affidavit is a sworn written statement of facts signed before a notary or magistrate. In property, affidavits are used for name correction, lost document declarations, ownership declarations, possession statements, and relationship proofs. They are admissible as evidence and making a false affidavit is perjury — a criminal offence. However, they do not substitute registered title documents.
Common situations requiring affidavits in property: (1) Name mismatch between Aadhaar and property documents, (2) Lost original sale deed or title document, (3) Seller's declaration of clear title and no encumbrances, (4) Declaration of peaceful possession, (5) Proof of relationship for inheritance, (6) First-time buyer declaration for PMAY or Section 80EEA tax benefits.
Yes. Affidavits are legally valid and admissible as evidence under the Indian Evidence Act. They carry significant weight — making a false statement in an affidavit is perjury, punishable with imprisonment. However, an affidavit is a declaration, not conclusive proof — it can be challenged in court. For property ownership, it supports but does not substitute registered title documents.
Affidavit cost: stamp paper ₹20–₹200 (state-dependent) + notary fee ₹100–₹500. Total typically ₹150–₹700. Some lawyers charge for drafting — add ₹500–₹2,000 for professional drafting. The entire process takes 30–60 minutes at a notary's office. Some banks and government offices accept e-affidavits through state portals.
No. An affidavit cannot substitute a registered sale deed for property transfer. The Transfer of Property Act and Registration Act require immovable property transfers above ₹100 to be documented through registered deeds. An affidavit is supplementary evidence — supporting a claim or filling an evidentiary gap. Banks will never process a home loan based on an affidavit alone.