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Affidavit Of Consent for India

Affidavit Of Consent Template for India

An Affidavit of Consent is a formal, sworn document used in India where an individual voluntarily declares their agreement or permission for a specific action, transaction, or procedure. Governed by Indian legislation including the Oaths Act, 1969, and the Notaries Act, 1952, this document must be executed before a competent authority such as a Notary Public or Commissioner of Oaths. The document carries significant legal weight and can be used as evidence in court proceedings under the Indian Evidence Act, 1872. It requires proper stamping as per the Indian Stamp Act and must follow specific formatting and execution requirements to be legally valid.

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What is a Affidavit Of Consent?

The Affidavit of Consent serves as a crucial legal instrument in Indian jurisdiction where formal documented consent is required. This document is commonly used in various situations such as medical procedures, adoption processes, property transactions, matrimonial matters, or corporate affairs where explicit written consent needs to be documented and verified. The affidavit must comply with Indian legal requirements, including proper identification of the deponent, clear consent statements, and verification by authorized officials. It should be executed on appropriate stamp paper and properly notarized or sworn before a designated authority. The document's format and content are influenced by various Indian laws, including the Oaths Act, 1969, and the Notaries Act, 1952, making it admissible as evidence in legal proceedings.

What sections should be included in a Affidavit Of Consent?

1. Title and Header: States 'AFFIDAVIT OF CONSENT' along with the jurisdiction and relevant court/authority details

2. Deponent Details: Full identification of the person making the affidavit including name, age, religion, occupation, and complete address

3. Oath Statement: Standard opening statement declaring that the deponent is swearing the affidavit solemnly

4. Purpose Statement: Clear statement of the purpose for which the consent is being given

5. Facts and Circumstances: Numbered paragraphs containing the relevant facts and explicit consent statements

6. Voluntary Declaration: Statement confirming that the consent is being given freely and without coercion

7. Verification Clause: Standard verification statement confirming the truth of the contents

8. Execution Block: Space for deponent's signature, date, and place of execution

What sections are optional to include in a Affidavit Of Consent?

1. Background Information: Additional context about the circumstances leading to the consent, used when complex history needs to be explained

2. Terms and Conditions: Specific conditions attached to the consent, if any

3. Witness Details: Information about witnesses, if required for the specific type of consent

4. Additional Declarations: Any special declarations required for specific types of consent (e.g., medical procedures, adoption)

5. Language Declaration: Statement confirming that the contents have been read and explained in a language understood by the deponent, used when the deponent is not familiar with the language of the affidavit

What schedules should be included in a Affidavit Of Consent?

1. Annexure A - Identity Proof: Attached copy of government-issued ID proof of the deponent

2. Annexure B - Supporting Documents: Any relevant documents supporting the consent (e.g., medical reports, agreements, certificates)

3. Annexure C - Translations: Certified translations of the affidavit if required in multiple languages

4. Annexure D - Power of Attorney: If the affidavit is being sworn through an authorized representative

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Document Type

Consent Form

Cost

Free to use

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