Affidavit Of Assets And Liabilities For Maintenance for India

Affidavit Of Assets And Liabilities For Maintenance Template for India

An Affidavit of Assets and Liabilities for Maintenance is a sworn legal document used in Indian courts that provides a comprehensive declaration of an individual's financial position, including all assets, liabilities, income sources, and regular expenses. This document is crucial in maintenance proceedings under various Indian personal laws and Section 125 of the Criminal Procedure Code. It serves as a formal disclosure tool that helps courts determine appropriate maintenance amounts by providing a clear picture of the deponent's financial capacity to pay maintenance to dependents, spouses, or family members.

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What is a Affidavit Of Assets And Liabilities For Maintenance?

The Affidavit of Assets and Liabilities for Maintenance is a critical legal instrument in Indian family law proceedings, particularly in cases involving maintenance claims under various personal laws and statutory provisions. This document becomes necessary when there are proceedings for maintenance, divorce, or separate maintenance, where one party is required to provide financial support to another. The affidavit must provide exhaustive details of the deponent's financial position, including all sources of income, owned properties, investments, debts, and regular financial obligations. It is filed under oath, making it a serious legal document with potential consequences for false declarations. The document's format and content are governed by various Indian laws including the Code of Civil Procedure, 1908, and specific requirements may vary by jurisdiction within India. This affidavit serves as a primary reference document for courts to assess the paying capacity of the person against whom maintenance is claimed.

What sections should be included in a Affidavit Of Assets And Liabilities For Maintenance?

1. Deponent Details: Personal information including name, age, address, occupation, and relationship to the maintenance case

2. Purpose of Affidavit: Statement explaining the context and purpose of filing this affidavit

3. Employment and Income: Details of current employment, salary, and all sources of regular income

4. Immovable Properties: Complete list of all owned real estate properties, their values, and ownership status

5. Movable Assets: Details of vehicles, jewelry, investments, shares, mutual funds, and other movable assets

6. Bank Accounts: List of all bank accounts, their types, and current balances

7. Monthly Expenses: Breakdown of regular monthly expenses and financial obligations

8. Loans and Liabilities: Details of all outstanding loans, debts, and financial liabilities

9. Dependents: Information about dependents and financial obligations towards them

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

What sections are optional to include in a Affidavit Of Assets And Liabilities For Maintenance?

1. Business Interests: Details of owned businesses, partnerships, or professional practices - included when deponent has business income

2. Foreign Assets: Declaration of overseas properties, bank accounts, or investments - included when deponent has international assets

3. Trust Properties: Details of properties held in trust or beneficial interests - included when applicable

4. Anticipated Income/Assets: Information about expected inheritance, retirement benefits, or other future assets - included when relevant

5. Insurance Policies: Details of life, health, or other insurance policies - included when significant policies exist

6. Pending Legal Proceedings: Information about other ongoing legal cases affecting financial status - included when applicable

7. Recent Transfers: Details of recent property transfers or significant financial transactions - included when relevant to maintenance calculation

What schedules should be included in a Affidavit Of Assets And Liabilities For Maintenance?

1. Schedule A - Income Proof: Copies of salary slips, tax returns, and other income documentation for the past 3 years

2. Schedule B - Property Documents: Copies of property ownership documents, valuations, and tax receipts

3. Schedule C - Bank Statements: Last 12 months' bank statements for all accounts

4. Schedule D - Investment Portfolio: Detailed listing of all investments with current market values

5. Schedule E - Loan Documents: Copies of loan agreements and current outstanding balance statements

6. Schedule F - Expense Records: Documentation supporting claimed regular expenses

7. Schedule G - Business Documents: Business financial statements and ownership documentation if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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India

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
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