Explainer: What is an affidavit, how to get one

In everyday life, there are many situations where an affidavit becomes necessary.

Whether it's correcting names in certificates or passports, or amending details like age, the requirement for an affidavit, or sworn statement is common.

Bite-Sized: What is an affidavit and how to get one

What is an affidavit?

An affidavit is a written declaration made under oath before an authorised official, affirming the truth of the stated facts. In Bangladesh, it is also referred to as a "Holfnama." 

The affidavit is typically drafted on non-judicial stamp paper, as mandated by the government, and can be handwritten or computer-typed.

Legal provisions

The practice of notarisation in Bangladesh began under the Notaries Ordinance of 1961, though notary officials existed under previous laws as well. 

Affidavits can be attested by a notary public, magistrate, judge, or other authorised officers. The document generally begins with phrases like "I solemnly affirm" or "I do hereby swear".

Verification of signatures on such declarations by the appropriate authority constitutes notarisation, and notaries are permitted to charge a fee for this service.

Cost of an affidavit

The cost of an affidavit varies depending on its type and the notary's charges, which may range between Tk100 and Tk1,000. Stamp costs alone usually fall between Tk300 and Tk2,000, depending on the nature of the declaration.

Procedure for making an affidavit

First, the reason for making the affidavit should be clearly stated on the non-judicial stamp paper, drafted by a legal professional to avoid complications. Although you can write it yourself, a lawyer's signature is mandatory.

Next, the person making the affidavit attaches a photograph and signs in the designated space. 

A lawyer's attestation is required at the end of the document. Finally, it must be presented before an authorised officer - a magistrate, notary public, or commissioner - who will register the affidavit, provide an official seal, and assign a registration number.

Documents required

Full name of the declarant

Parents' names

Address

Date of birth

National ID number

Photograph

Non-judicial stamp worth Tk300–Tk2,000

Detailed description of the matter for which the affidavit is being made

The information stated in an affidavit must be true, as the individual providing false details can be held legally responsible. The notary or magistrate bears no liability for the accuracy of the contents, they only verify the signature.

Sample affidavit

Office of the Notary Public, Dhaka, Bangladesh

"Affidavit of Divorce"

"I, Rashida Sultana, daughter of Abdul Gafur and Amena Begum, born on 00-00-2002, holding NID No. 000 000 0000, residing at 204/3/T Segunbagicha, Shahbagh, Dhaka-1000, profession: business, religion: Islam, nationality: Bangladeshi, hereby solemnly affirm as follows:"

1. I acknowledge allegiance to the Government of Bangladesh and confirm I am a permanent resident, in sound mind, and competent to make this affidavit.

2. Two years ago, I married Sultan Soleman, son of Mesher Sultan and Aklima Khatun, residing at 100/1/K Kathalbagicha, Ramna, Dhaka. Initially, the marriage was cordial.

3. However, soon after, he became abusive, threatened divorce, and demanded money for drugs. He neglected maintenance, and the situation worsened to the point of risking my life.

4. Therefore, under clause 17 of the marriage contract, I exercise my delegated right to pronounce divorce. I hereby sever the marital tie by declaring Talaq-e-Tafweez.

5. From today, we are no longer husband and wife and cannot claim such status in the future.

"I declare that the above statements are true, made voluntarily and without coercion, in the presence of the Notary Public, and I sign this affidavit in full understanding of its contents."

(Signature of the deponent)

(Signatures of two witnesses)

"I know Rashida Sultana personally and identified her at the time of signing."