Affidavit Of Domicile for India

Affidavit Of Domicile Template for India

An Affidavit of Domicile is a formal sworn statement that legally establishes a person's primary place of residence and their intention to maintain it as their permanent home. Under Indian law, this document carries significant legal weight and must be executed before a authorized official such as a Notary Public or Commissioner of Oaths. It serves as official proof of residence for various legal, financial, and administrative purposes, incorporating elements specified under the Indian Oaths Act, 1969, and following state-specific stamp duty requirements. The document includes detailed personal information, declaration of residence, supporting facts, and may require additional documentary evidence as attachments.

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What is a Affidavit Of Domicile?

The Affidavit of Domicile is a crucial legal instrument used in India when formal proof of residence is required for various purposes such as legal proceedings, financial transactions, or administrative requirements. This document becomes particularly important in situations involving inheritance matters, opening bank accounts, establishing tax residency, or dealing with cross-border transactions. The affidavit must comply with Indian legal requirements, including proper execution before authorized officials and payment of appropriate stamp duty as per state regulations. It typically contains detailed information about the deponent's residence history, current living arrangements, and future intentions regarding their place of residence. The document's significance lies in its status as a sworn statement, making it a reliable piece of evidence in legal and administrative proceedings.

What sections should be included in a Affidavit Of Domicile?

1. Title and Introduction: Clearly states this is an Affidavit of Domicile, includes the jurisdiction, and identifies the deponent (person making the affidavit)

2. Personal Information: Details of the deponent including full name, age, occupation, and current residential address

3. Domicile Declaration: Clear statement of the person's primary residence and intention to maintain it as their permanent domicile

4. Duration of Residence: Statement specifying how long the deponent has resided at the current address

5. Supporting Facts: Specific facts that demonstrate domicile intent (e.g., employment, property ownership, family ties)

6. Verification Statement: Standard verification clause stating that the information provided is true and correct

7. Execution Block: Space for signature, date, and notary attestation

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

1. Previous Residences: Section listing previous addresses and duration of stay, used when there has been a recent change in domicile

2. Multiple Residence Declaration: Required when the deponent maintains multiple residences but needs to establish one as the primary domicile

3. Purpose Statement: Statement explaining why the affidavit is being made, used when the affidavit is for a specific purpose like probate or tax matters

4. Foreign Jurisdiction Statement: Required when the deponent has connections to foreign jurisdictions but is declaring Indian domicile

What schedules should be included in a Affidavit Of Domicile?

1. Schedule A - Identity Proof: Copies of identity documents like Aadhaar, PAN card, or passport

2. Schedule B - Residence Proof: Copies of documents proving residence such as utility bills, rent agreement, or property documents

3. Schedule C - Supporting Documents: Additional documents supporting domicile claim such as employment letters, tax returns, or voter ID

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

Jurisdiction

India

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Financial Services

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