Property Owner's Affidavit Of Evidence for India

Property Owner's Affidavit Of Evidence Template for India

A Property Owner's Affidavit of Evidence is a sworn legal document used in India that serves as formal testimony regarding property ownership and related matters. This document, governed by Indian property law and various state regulations, contains detailed declarations about property ownership, history, and current status. It is executed under oath before a authorized official such as a Notary Public or Commissioner of Oaths, making it admissible as evidence in legal proceedings. The document includes comprehensive information about the property, its ownership history, current status, and any encumbrances, while complying with the requirements of the Indian Evidence Act, Registration Act, and other relevant legislation.

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What is a Property Owner's Affidavit Of Evidence?

The Property Owner's Affidavit of Evidence is a fundamental document in Indian property law, utilized when formal sworn testimony about property ownership and related matters is required. This document is commonly required during property transactions, legal disputes, mortgage applications, or when establishing clear title to property. It serves as a sworn statement that can be presented as evidence in court proceedings or administrative matters. The affidavit must comply with Indian legal requirements, including the Indian Evidence Act, Indian Oaths Act, and relevant state laws. It typically contains detailed information about the property, ownership history, current status, encumbrances, and tax compliance. The document must be executed before authorized officials such as a Notary Public or Commissioner of Oaths, making it a formal legal document with serious implications for false declarations.

What sections should be included in a Property Owner's Affidavit Of Evidence?

1. Deponent Information: Identifies the person making the affidavit, including full name, age, occupation, and current residential address

2. Property Details: Comprehensive description of the subject property including address, boundaries, and unique identifiers like survey numbers

3. Ownership Declaration: Statement declaring ownership of the property and how it was acquired (purchase, inheritance, gift, etc.)

4. Title Chain: Chronological history of the property's ownership from the deponent's acquisition to present

5. Current Status: Declaration about current status of property including possession, occupancy, and any existing encumbrances

6. Tax Compliance: Statement regarding payment of property taxes and other relevant duties

7. Litigation Status: Declaration regarding any pending litigation or disputes related to the property

8. Verification Clause: Standard clause stating that the contents of the affidavit are true and verified by the deponent

What sections are optional to include in a Property Owner's Affidavit Of Evidence?

1. Mortgage Status: Details of any existing mortgage or charges on the property - included if property is or has been mortgaged

2. Tenant Information: Information about current tenants and lease agreements - included if property is rented

3. Development Permissions: Details of building permits and compliance with development regulations - included for constructed properties

4. Joint Ownership Details: Information about co-owners and their respective shares - included in case of multiple owners

5. Power of Attorney: Details of any power of attorney arrangements - included if property is managed through POA

6. Family Settlement Details: Information about family arrangements or settlements - included if property is subject to family partition

What schedules should be included in a Property Owner's Affidavit Of Evidence?

1. Property Documents: Copies of title deeds, sale deeds, or inheritance documents proving ownership

2. Tax Receipts: Copies of recent property tax payment receipts and assessment records

3. Property Survey Plan: Official survey plan or map showing property boundaries and measurements

4. Identity Proof: Copies of deponent's identity documents

5. Chain of Title Documents: Copies of previous ownership documents showing clear title chain

6. Encumbrance Certificate: Recent certificate showing any registered encumbrances on the property

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 legal definitions
Relevant Industries

Real Estate

Legal Services

Banking and Finance

Construction

Property Development

Urban Planning

Government and Public Sector

Insurance

Property Management

Mortgage Lending

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Documentation

Risk Management

Corporate Affairs

Operations

Administrative Services

Due Diligence

Relevant Roles

Property Lawyer

Real Estate Attorney

Legal Counsel

Property Manager

Real Estate Agent

Title Officer

Compliance Officer

Legal Administrator

Property Developer

Mortgage Officer

Land Registration Officer

Real Estate Consultant

Property Valuation Expert

Legal Documentation Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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