Affidavit means
official affirmation of a fact by the executor of the promulgation.
By executing an affidavit executor takes the responsibility of truth
ness of his statement. If it is proved that the statement was fake and
the executor did this knowingly or intentionally then he will be punished
accordingly. Hence, it carries legal worth in favour of a described
fact in a deed.
Once
anyone, admitted anything by formal declaration then he has no scope
to deny the fact latter. This is why affidavit is mandatory in some
legal processes to furnish some legal documents. Without executing an
affidavit no one can do that particular things legally, like if you
want to gift, purchase or sell a piece of land or flat, you will have
to do an affidavit regarding your ownership/right over the property.
Moreover, affidavit is required to file a suit, to correct or amend
name, alteration of religion etc. Even it is mandatory for marriage,
divorce and many other sectors specified by law.
What need to be mention
in an affidavit: a) affidavit must be written and contain full
name, address, parent’s name, nationality, age, religion and profession
of the executor;
b)
full description of the subject matter and cause of the affidavit;
c)
date of execution of affidavit;
d)
number of national identity card (if any);
e)
schedule of land;
f)
In case of transfer of property, the way by which the executor achieved
the right to transfer;
g)
In case of correction of name both previous name and corrected form
of name;
h)
In case of marriage, full name of both the bride and bridegroom, parent’s/guardian’s
name, address, age, date, total amount of dower, amount of paid up dower,
name of the witnesses, signature of the parties concern etc.;
i)
signature of the executor;
j)
signature of the witnesses (if any);
k)
identification and signature of an advocate; etc.
Means
to accomplish an affidavit: To complete an affidavit first you
will have to write your concern subject matters on a non-judicial stamp.
The value of the stamp varies on subject matter. Typically, the worth
is between 150 to 500 taka. The executor need to affix a passport size
attested photograph of him on the stamp. After completing all these
procedures, you should go to a first class magistrate or a notary public,
before whom you will have to affirm the matters in written form and
sign on the stamp. After scrutinizing the documents, the magistrate
or notary public will sign on the deed and affix a government special
seal along with his official seal on the same stamp. Then he will put
a number of the affidavit and preserve a photocopy in his office.
Some more things to remember: If you want to get an interim relief in a civil
suit then you will have to execute your affidavit before the concern
court officer and in that case no photograph is required. To submit
a written statement against such relief same procedure need to be follow.
In case of land matter, the affidavit will have to be present before
the registrar to register the deed. Now, age cannot be changed by mere
affidavit. However, in case of alteration of name a newspaper advertisement
is necessary after execution of an affidavit. One more this must be
borne in mind that mere affidavit before a magistrate/notary public
does not complete a marriage. Though, in our society it is known as
court marriage, but actually it is a mere declaration by the parties
to do a marriage by their own consent. Only itself has no legal effect
to prove a valid marriage. To do a legitimate marriage, it needs to
be completed according to the rule of religion of the parties concern.
Similarly, in case of divorce, parties must maintain exact procedure
of law.
Hence, affidavit
could be regarded as a supportive evidence to strengthen the
claim. Finally, by executing an affidavit, the executor assures about
a fact, hence before doing an affidavit we should acquire full knowledge
about the fact and describe that cautiously. Otherwise, the purpose
of affidavit will be defeated and you may lose your rights.
