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Profile_May282019 (Others)     19 December 2021

Validity of a sworn affdavit

What is the validity of a sworn in Affadavit?

I have a loanee who wants to lease me a plantation property in-return to the loan he owes, but he does not have the right documents in possession, as it was passed on to him from someone again via  a written affadavit/dicument. He is ready to swear in an affadavit that the land is not an illegal one , it belongs to him and he would be responsible for any  issues - if any arises till the lease period ends. It is a sort of collateral till be pays it back.  Will there be any issues with this approach?



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 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     19 December 2021

Without having title over the property, the affidavit is not sufficient.

Advocate Bhartesh goyal (advocate)     20 December 2021

Duly attested affidavit does not confer title of property,title passes for absolute ownership of property through registered sale deed ,allotment letter ,gift deed and will.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 December 2021

 an affidavit cannot ordinarily be used as evidence in absence of a specific order of the Court. 

1 Like

Aryan Raj   20 December 2021

In response to your query,

If an affidavit is correctly executed, it means it was created by a legal adult who is of sound mind, i.e. mentally competent of signing a legal document for themselves, and it was authenticated by the proper person (such as a notary public) Affirmed by oath.

An affidavit of ownership is a legal document that proves you own real estate or a vehicle. An Affidavit of Ownership can explain how you bought or inherited a property when a Deed or Certificate of Title isn't enough to prove ownership. Banks and lenders, as well as the county recorder's office, frequently require this certificate as extra proof of ownership. Depending on your state's rules, you may still need to attach a copy of the Real Property Deed or Certificate of Title to this form.

Regards,

Aryan Raj 

1 Like

Profile_May282019 (Others)     23 December 2021

Arayan - Thank you for the detailed reply.  I had a add on question replated to this.

If the property does not belog to the person and if he still swears an affadavit that it belongs to him, what are the legal implications  for falsifying?

 

 

 


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