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Affidavit Of Damage for India

Affidavit Of Damage Template for India

An Affidavit of Damage is a sworn legal document used in Indian jurisdiction to formally declare and document damage to property, assets, or goods. This document serves as a formal statement made under oath, detailing the circumstances, extent, and impact of damage incurred. It must be executed before a notary public or other authorized official in accordance with Indian law, particularly following the Indian Oaths Act, 1969, and must comply with local stamp duty requirements. The document is commonly used in insurance claims, legal proceedings, and formal damage assessments, providing a legally recognized record of the damage incident and its consequences.

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Affidavit Of Damage

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What is a Affidavit Of Damage?

An Affidavit of Damage is essential in Indian legal practice when formal documentation of damage to property, assets, or goods is required. This document type is commonly used in insurance claims, legal proceedings, and formal damage assessments where a sworn statement regarding the damage is necessary. The affidavit must be executed in accordance with Indian law, particularly the Indian Oaths Act, 1969, and requires proper stamping as per the Indian Stamp Act. It includes detailed information about the damage incident, the extent of damage, financial impact, and any supporting evidence. The Affidavit of Damage serves as a crucial piece of evidence in legal proceedings and can be used for various purposes, from insurance claims to legal disputes. It must be sworn before a notary public or other authorized official, making it a formal legal document that carries significant weight in administrative and judicial proceedings.

What sections should be included in a Affidavit Of Damage?

1. Title and Jurisdiction Declaration: States that this is an affidavit and identifies the jurisdiction where it's being sworn

2. Deponent Details: Full name, age, occupation and residential address of the person making the affidavit

3. Relationship to Property/Item: Establishes the deponent's ownership or interest in the damaged property/item

4. Incident Description: Detailed account of when, where, and how the damage occurred

5. Damage Description: Comprehensive description of the nature and extent of damage

6. Financial Impact: Detailed breakdown of the monetary value of damages and losses incurred

7. Verification Statement: Standard verification clause stating that the contents are true to the best of knowledge

8. Signature Block: Space for deponent's signature and notary attestation

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

1. Witness Statements: Include when there were witnesses to the damage incident

2. Insurance Details: Required when insurance is involved in the damage claim

3. Previous Communication: Include when there has been prior correspondence regarding the damage

4. Third Party Assessment: Add when professional evaluators have assessed the damage

5. Police Report Reference: Include when a police complaint was filed regarding the incident

6. Preventive Measures: Description of steps taken to prevent further damage, if applicable

What schedules should be included in a Affidavit Of Damage?

1. Photographs: Visual evidence of the damage

2. Property Documents: Proof of ownership or interest in the damaged property

3. Repair Estimates: Professional quotations for repairs or replacement

4. Expert Reports: Technical assessments or evaluations by qualified professionals

5. Bills and Receipts: Proof of expenses already incurred due to the damage

6. Insurance Documentation: Relevant insurance policies and correspondence

7. Police Reports: Copies of FIR or police complaints if filed

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 | Serial Founder & Legal AI Author

Jurisdiction

India

Document Type

Affidavit

Cost

Free to use
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