What is affidavit (property transactions)?
Also called: halafnama, sworn affidavit, notarised affidavit
A sworn written statement of facts, made before a notary, oath commissioner or magistrate. Property deals use affidavits to confirm what no single document proves, such as two spellings of a name belonging to one person or a flat being free of disputes.
Affidavits fill gaps. The sub-registrar, the bank or the municipal office wants something stated on oath because no certificate says it. The common ones in a flat purchase are a name-variation affidavit when the seller is 'Suresh Kumar Gupta' on the sale deed and 'S K Gupta' on his Aadhaar; a declaration that the property isn't mortgaged, attached or under litigation; a statement by heirs listing all the legal heirs; and an affidavit for loss of original documents. Developers swear them too. Every RERA project registration includes the promoter's declaration, supported by an affidavit (Form B in most states), covering land title, the completion date and the 70% escrow account.
Form matters. The affidavit goes on non-judicial stamp paper or an e-stamp of the value the state requires, is signed by the deponent, and is sworn or affirmed before a notary or oath commissioner who records the deponent's identity. Some offices insist on attestation by an executive magistrate or by their own officer.
It carries weight because a false one is punishable. Knowingly swearing a false affidavit amounts to giving false evidence under Section 229 of the Bharatiya Nyaya Sanhita, 2023, which replaced Section 193 of the old IPC, and if someone relies on it and loses money, cheating charges can follow.
What an affidavit can't do is transfer anything. A sister's affidavit saying she has 'no objection' to her brother keeping the family house doesn't pass her share to him. That needs a registered relinquishment or gift deed.
A Noida seller's sale deed says 'Anita Sharma', but her PAN and Aadhaar read 'Anita Sharma Bhatia' after marriage. The sub-registrar and the buyer's bank accept a notarised name-variation affidavit backed by her marriage certificate.
Using a notarised affidavit in place of a registered document, such as a 'transfer affidavit' instead of a sale or release deed. Courts don't treat it as a transfer, and banks won't lend against it.
Questions people ask about affidavit (property transactions)
Does an affidavit need to be notarised?
It has to be sworn before someone authorised to administer oaths, usually a notary or oath commissioner. An unattested affidavit is just a signed statement.
Can an affidavit be made online?
E-stamp paper can be bought online in most states, but sub-registrars and banks generally still expect a physically signed original attested by a notary or oath commissioner.