Legal documents like “Affidavit for One and the Same Person” can be considered very useful in proving that two names or more are used by one person. This is highly necessary to be used in various purposes like government records, identity verification and many more legal transactions. Ever wondered what an affidavit contains? And how to work out complexity of what lies within? Let us study it in detail.
An Affidavit for One and the Same Person is a written statement where someone swears that two or more names actually refer to the same person. This is often needed in legal situations when a person’s name is spelled differently on various documents or wants to change their name.
For example someone might have a name spelled one way on their birth certificate and a different way on their passport. The affidavit is used to officially declare that both names belong to the same person, even if they are different.
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This affidavit helps make sure that all your documents show that they are talking about the same person even if the name is written differently. It helps fix any mix-ups in important papers.
The affidavit is used to show that if someone has more than one name then they are still the same person. This is very important for things like banking or other important activities.
This affidavit helps prevent cheating or fraud by making sure that no one is pretending to be someone else because of confusing names.
Suppose you applied for a loan and your bank noticed that your first name was slightly different on your driver’s license and passport. That’s when the entire thing may stall or reject. Fortunately, an Affidavit for One and the Same Person is able to save you by being a recognised legal document clarifying confusion. Convenience may well be convenience but this all goes towards making sure you have everything set in order with your legal affairs.
An Affidavit for One and the Same Person is applied in the following cases:
When one has the same name spelled differently on several documents (passport, driver’s license, etc.) then an application is needed.
Where if the court is faced with various names and aliases it has to establish identity.
Include cases in which identification verification is necessary like opening a bank account or making a loan application.
When names would have varying forms this is to enable clarity in titles of property deeds or agreements.
It is an important thing to understand the legal aspect of affidavits. Affidavits are governed by the Indian Oaths Act of 1969 in India. It clearly says that any affidavit should be signed in the presence of an officer appointed under a High Court or it’ll just be considered as a piece of paper if there is no legal aspect attached to it.
This is the most important and very critical step, notarization. According to the Notaries Act of 1952 an affidavit has to be notarized for it to assume legal status. Signing and stamping in the presence of a notary public makes the document enforceable. In fact notarized documents are admissible in court which gives them more credence than those that are not notarized.
According to the law, validation means that the document passed the test of scrutiny. A study conducted by the National Notary Association says up to 13% of notarized documents question their validation in courts. Chances are that your affidavit is one of them if it was not validated correctly.
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Start by giving your document a clear title like “Affidavit for One and the Same Person.”
At the beginning of the affidavit write down your full legal name, address and job. The person writing the affidavit is called the “affiant.”
Clearly explain what the affidavit is for. Example you might write “This is to declare that the names [Name 1] and [Name 2] refer to the same person.”
List all the different names or spellings you have used. Include other important details that help prove your statement like your date of birth, where you live or other identifying information.
Make sure to say that you know the person and that all the names listed are for the same person. For example – “I declare that [Name 1], [Name 2] and [Name 3] are all the same person [Full Name].”
Sign affidavit in front of a Public notary. The notary will also sign and stamp the document to make it official.
If needed include photocopies of identification like an ID card, passport or birth certificate to support your statement.
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If you write something wrong in your affidavit then it’s a big problem not just a mistake. In India you could even go to jail if you give false information so always check everything carefully before you sign.
Without stamp your paper might not be accepted in court. Make sure you get the notary to sign and stamp it to make it official and legal.
An Affidavit for One and the Same Person is very important. It helps keep things clear and makes sure there is no confusion. By following the right steps and making sure the affidavit is correct everything can go smoothly.
If you need help or have questions then don’t be afraid to ask a lawyer. They can guide you through the process and make sure everything is done correctly.
Ans.1: Affidavit is a statement that a person oaths or swears by writing, stating that all the information given in the document is true in their knowledge.
Ans.2: The person who is signing the Affidavit is an Affiant.
Ans.3: This affidavit helps make sure that all your documents show that they are talking about the same person, even if the name is written differently. It helps fix any mix-ups in important papers.
Ans.4: Suppose you applied for a loan and your bank noticed that your first name was slightly different on your driver’s license and passport. That’s when the entire thing may stall or reject. Fortunately, an Affidavit for One and the Same Person can save you by being a recognised legal document clarifying confusion. Convenience may well be convenience but this all goes towards making sure you have everything set in order with your legal affairs.
Ans.5: Under the Indian Notaries Act 1952, affidavit is an legal document which has no time limit of validity.
Ans.6: An affidavit for one and the same person is the declaration of two or more names referring to one and the same person.
Ans.7: Typically required for:
Ans.8: Details to include in Affidavit:
Ans.9: Supporting Documents for Affidavit are:
Ans.10: No, you can’t make a change to the information in your affidavit but with your proper document you can make a new affidavit.
Ans.11: No, a minor cannot submit an Affidavit as they will need permission from their guardian or parents.
Ans.12: Wrong information in Affidavit can lead you to going to jail, legal action, penalties and invalidation.
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Adv. Parineeti GN
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Parineeti GN is a legal consultant who prioritises ethical and professional conduct. She graduated with (B.A. and LL.B) from the K.L.E. Society Law College. With more than 8 years of experience in handling legal cases independently. She has the potential to understand and explain complicated legal words in simple terms to clients.
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