The Affidavit of Ownership and Loss with Undertaking is a crucial legal document used in Indian jurisdiction when individuals or organizations need to formally declare the loss of important documents or items and establish their ownership rights. This document type is commonly required by banks, government authorities, and various institutions when dealing with lost certificates, property documents, identification papers, or valuable items. The affidavit serves as a legal safeguard for both the deponent and the receiving institution, combining a sworn statement about the loss with specific undertakings about future actions. It must be executed before appropriate authorities (such as a Notary Public or Commissioner of Oaths) and typically requires proper stamping as per local state laws. The document is particularly important in situations requiring the issuance of duplicates or where legal protection is needed against potential misuse of lost items.
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1. Deponent Details: Full identification of the person making the affidavit, including name, age, occupation, and complete address
2. Verification and Oath: Standard opening declaration confirming the deponent is swearing/affirming the statements under oath
3. Ownership Declaration: Clear statement of ownership of the lost item/document, including details of how and when it was acquired
4. Description of Lost Item: Detailed description of the lost item/document including all relevant identifying information (serial numbers, registration numbers, distinctive features, etc.)
5. Circumstances of Loss: Detailed account of when, where, and how the item/document was lost or misplaced
6. Search Efforts: Description of all efforts made to locate the lost item/document
7. Non-Encumbrance Declaration: Declaration that the lost item/document was not pledged, mortgaged, or otherwise encumbered
8. Undertaking: Formal undertaking regarding future discovery, preventing misuse, and returning/destroying any duplicates if original is found
9. Indemnification: Commitment to indemnify against any claims or losses arising from misuse of the lost item/document
10. Verification Clause: Final verification statement confirming all information is true and correct
1. Police Complaint Details: Include when a police complaint or FIR has been filed regarding the loss
2. Previous Usage History: Include when the lost item/document has a significant usage history relevant to the case
3. Witness Statements: Include when there are witnesses to the loss or ownership
4. Public Notice Reference: Include when public notices have been published regarding the loss
5. Additional Security Measures: Include when specific security measures are being implemented to prevent misuse
1. Copy of Original Document: If available, authenticated copy of the lost document or photograph of the lost item
2. Supporting Documents: Copies of documents proving ownership (purchase receipts, registration certificates, etc.)
3. Police Complaint Copy: Copy of the FIR or police complaint acknowledgment if filed
4. Public Notice Copy: Copy of newspaper advertisements or public notices if published
5. Identity Proof: Copy of deponent's identity proof and address proof documents
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