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Person looking through files with a concerned expression, representing the stress of lost documents
Lost Documents Affidavit

Lost Documents Affidavit: How to Draft and Use It

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Losing important documents can be stressful, but the recovery process doesn’t have to be. A Lost Documents Affidavit serves as a sworn statement confirming the loss of important papers and is often the first step toward obtaining replacements. Whether you’ve misplaced your birth certificate, property deed, or financial records, this comprehensive guide will walk you through creating and using this essential legal tool to help restore your documentation.

What is a Lost Documents Affidavit?

A Lost Documents Affidavit is a sworn legal statement that formally declares a document has been lost, destroyed, or misplaced. This affidavit serves as official confirmation of the loss and is typically required when requesting replacement documents from government agencies, financial institutions, or other organizations.

Primary Functions

  • Provides legal proof that a document is no longer in your possession
  • Establishes the circumstances of the loss or destruction
  • Serves as a formal request for document replacement
  • Protects issuing authorities from potential fraud
  • Creates a legal record of your attempt to recover documents
Official Lost Documents Affidavit form with notary seal

Common Documents That Require an Affidavit When Lost

Personal Documents

  • Birth certificates
  • Marriage certificates
  • Passports
  • Social Security cards
  • Driver’s licenses

Financial Documents

  • Share certificates
  • Insurance policies
  • Loan agreements
  • Bank statements
  • Tax documents

Property Documents

  • Property deeds
  • Vehicle titles
  • No Objection Certificates (NOCs)
  • Lease agreements
  • Building permits

Need Help With Your Lost Documents?

Don’t navigate the replacement process alone. Get professional assistance to ensure your affidavit meets all legal requirements.

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Step-by-Step Guide to Drafting a Lost Documents Affidavit

Creating an effective Lost Documents Affidavit requires attention to detail and proper formatting. Follow these steps to ensure your affidavit meets legal standards and effectively serves its purpose.

Person drafting a Lost Documents Affidavit at a desk with reference materials

  1. Choose the Correct Paper: In many jurisdictions, affidavits must be printed on stamp paper of a specific value. Check your local requirements or consult with a notary about the appropriate paper to use.
  2. Create a Clear Header: Title the document “AFFIDAVIT OF LOST DOCUMENT” centered at the top of the page. Include the jurisdiction (state/country) where the affidavit is being executed.
  3. Identify the Affiant: Begin with a statement identifying yourself (the affiant) with your full legal name, age, address, and occupation.
  4. Make a Declaration: Include a statement that you are making the affidavit voluntarily and of your own free will, with sound mind and understanding.
  5. Describe the Lost Document: Provide specific details about the lost document, including its type, issuing authority, date of issuance, reference numbers, and any other identifying information.
  6. Explain the Loss Circumstances: Detail when and how the document was lost or destroyed. Be truthful and specific about the circumstances.
  7. Describe Recovery Efforts: Outline the steps you’ve taken to locate the document, such as searching your home, contacting relevant authorities, or filing a police report.
  8. State the Purpose: Clearly state that you are requesting a replacement document and explain why you need it.
  9. Include a Verification Statement: Add a statement verifying that all information in the affidavit is true to the best of your knowledge.
  10. Add a Signature Block: Create space for your signature, printed name, and the date of signing.

Required Elements

  • Title and jurisdiction information
  • Affiant’s personal details
  • Clear description of the lost document
  • Circumstances of loss
  • Statement of truth under oath
  • Date and signature
  • Notary acknowledgment section
Close-up of the signature and notary section of a Lost Documents Affidavit

Important: Affidavits are sworn statements, meaning you’re legally bound to tell the truth. False statements in an affidavit can lead to perjury charges, which carry serious penalties including fines and imprisonment.

Sample Lost Documents Affidavit Template

Below is a basic template you can customize for your specific situation. Remember to adapt it according to your local requirements and the type of document you’ve lost.

AFFIDAVIT OF LOST DOCUMENT

[STATE/JURISDICTION]

I, [YOUR FULL NAME], of legal age, [MARITAL STATUS], residing at [YOUR COMPLETE ADDRESS], after being duly sworn in accordance with law, hereby depose and state:

1. That I am the rightful owner/holder of [DOCUMENT TYPE] with [REFERENCE NUMBER/DETAILS] issued by [ISSUING AUTHORITY] on [DATE OF ISSUANCE].

2. That said document was lost/destroyed on or about [APPROXIMATE DATE] under the following circumstances: [DETAILED DESCRIPTION OF HOW THE DOCUMENT WAS LOST OR DESTROYED].

3. That I have made diligent efforts to locate the said document by [DESCRIBE SEARCH EFFORTS], but these efforts have been unsuccessful.

4. That I am executing this affidavit to attest to the truth of the foregoing facts and to support my application for the issuance of a replacement/duplicate of the said document.

5. That I am executing this affidavit to request a replacement for the aforementioned document and to release the issuing authority from any liability arising from the issuance of a replacement document.

IN WITNESS WHEREOF, I have hereunto set my hand this [DAY] day of [MONTH], [YEAR] at [LOCATION].

[YOUR SIGNATURE]
[YOUR PRINTED NAME]

SUBSCRIBED AND SWORN TO before me this [DAY] day of [MONTH], [YEAR] at [LOCATION].

[NOTARY PUBLIC]
Commission expires: [EXPIRATION DATE]

Completed sample of a Lost Documents Affidavit with all sections filled out

Ready to Create Your Affidavit?

Use our template as a starting point and customize it to your specific needs. For legal certainty, consider professional assistance.

Download Editable Template

How to Use Your Lost Documents Affidavit

Once you’ve drafted your affidavit, follow these steps to properly execute and submit it for document replacement.

Person submitting a Lost Documents Affidavit at an official government office

Execution Process

  1. Notarization: Take your unsigned affidavit to a notary public. You’ll need to sign it in their presence and provide identification.
  2. Make Copies: Create multiple copies of your notarized affidavit, as you may need to submit it to different authorities.
  3. Gather Supporting Documents: Collect any supporting documentation that may help your case, such as a police report for stolen documents or proof of identity.
  4. Submit to Relevant Authority: Submit your affidavit to the appropriate authority that issued the original document.
  5. Follow Up: Keep track of your application and follow up as needed.

Supporting Documentation

Depending on the type of document you’ve lost, you may need to include additional supporting materials with your affidavit:

Document Type Common Supporting Documents Where to Submit
Birth Certificate ID proof, address proof, original receipt (if available) Vital Records Office or Registrar’s Office
Property Deed Property tax records, mortgage documents, ID proof County Recorder’s Office
Share Certificate Account statements, purchase receipts, ID proof Share Registrar or Transfer Agent
Educational Certificates Student ID, enrollment proof, ID proof Educational Institution or Examination Board

“Always keep a copy of your submitted affidavit and any supporting documents for your records. This creates a paper trail that can be invaluable if there are delays or issues with your replacement request.”

— Legal Documentation Expert

Organized folder with Lost Documents Affidavit and supporting documentation

Legal Considerations and Requirements

Understanding the legal aspects of Lost Documents Affidavits can help ensure your document meets all requirements and is accepted by the relevant authorities.

State-Specific Requirements

Affidavit requirements vary by state and country. Some key differences include:

  • Stamp paper value requirements (particularly important in India)
  • Witness requirements (some jurisdictions require witnesses in addition to notarization)
  • Format and content specifications
  • Supporting documentation needs
  • Filing fees for replacement documents

Always check with your local government offices or consult a legal professional to understand the specific requirements in your jurisdiction.

Legal reference books and state-specific affidavit forms

Legal Implications of False Statements

Warning: Making false statements in an affidavit constitutes perjury, which is a criminal offense in most jurisdictions. Penalties may include:

  • Criminal charges and potential imprisonment
  • Substantial fines
  • Damage to your credibility in future legal matters
  • Invalidation of any replacement documents obtained
  • Additional civil liability if the false statement caused harm to others

Time Limitations

Be aware that some institutions impose time limits for reporting lost documents and requesting replacements. Delays may result in:

  • Additional verification requirements
  • Higher replacement fees
  • More extensive documentation needs
  • In some cases, inability to obtain replacements after a certain period

Clock and calendar next to legal documents, representing time limitations

Unsure About Legal Requirements?

Legal requirements for affidavits vary by location and document type. Get professional guidance to ensure compliance.

Consult With a Legal Expert

Frequently Asked Questions

Below are answers to common questions about Lost Documents Affidavits to help you navigate the process more effectively.

Is a notary mandatory for a Lost Documents Affidavit?

Yes, in most jurisdictions, a Lost Documents Affidavit must be notarized to be legally valid. The notarization process verifies your identity and confirms that you willingly signed the document and understood its contents. Without proper notarization, many institutions will not accept the affidavit as a valid legal document.

Can I use a Lost Documents Affidavit internationally?

Using an affidavit internationally often requires additional steps. For international recognition, your affidavit may need to be apostilled or authenticated by your country’s foreign affairs department. Requirements vary by country, so check with both your home country’s authorities and the foreign country’s embassy or consulate for specific guidance.

Do I need to file a police report before creating a Lost Documents Affidavit?

While not always legally required, filing a police report is highly recommended, especially for important identity documents or those that could be used fraudulently. Many institutions require a police report number as part of the replacement process. The police report also provides additional documentation of your loss and demonstrates due diligence.

How long does it take to get a replacement document after submitting an affidavit?

Processing times vary widely depending on the document type and issuing authority. Some replacements may be processed in a few days, while others might take several weeks or even months. Government-issued documents typically take longer than those from private institutions. Always ask about expected processing times when submitting your affidavit and follow up if the stated timeframe passes.

Can someone else create a Lost Documents Affidavit on my behalf?

Generally, the person who lost the document must be the one to execute the affidavit since it’s a personal sworn statement. However, in some cases, a legal representative with power of attorney may be able to execute an affidavit on behalf of someone who is unable to do so (such as a minor or someone who is incapacitated). Consult with a legal professional for guidance in such situations.

Are there fees associated with creating and submitting a Lost Documents Affidavit?

Yes, there are typically several fees involved in the process:

  • Notary fees (varies by location, typically – per signature)
  • Stamp paper costs (particularly in countries like India)
  • Document replacement fees (varies widely by document type)
  • Expedited processing fees (if you need the replacement quickly)

Budget for these expenses when planning to replace lost documents.

Person consulting with a notary about a Lost Documents Affidavit

Conclusion

Losing important documents can be stressful, but a properly executed Lost Documents Affidavit provides a clear path to obtaining replacements. By following the guidelines in this article, you can create an effective affidavit that meets legal requirements and helps you restore your important documentation.

Remember that accuracy and honesty are paramount when creating your affidavit. Take the time to gather all necessary information about the lost document, be truthful about the circumstances of its loss, and follow the proper procedures for notarization and submission.

If you’re uncertain about any aspect of the process, don’t hesitate to consult with a legal professional who can provide guidance specific to your situation and jurisdiction.

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Start the recovery process today with our comprehensive resources and professional support.

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How to Draft an Affidavit for Bank Guarantee
Affidavit for Bank/Finance

How to Draft an Affidavit for Bank Guarantee

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Did you know that a single concise declaration can speed up a bank guarantee issuance by weeks for many Indian firms?

This section explains what that declaration is and why lenders and beneficiaries often request it.

You will see how the affidavit supports your application, ties the guarantee to an underlying agreement and clarifies the claim period. This helps the bank and beneficiary accept payment obligations with confidence.

The note also guides which facts must appear: authority, purpose, guarantee amount and links to purchase orders or contracts. That reduces queries and keeps your credit workflow smooth.

Practical benefit: clear statements limit delays, contain fees and protect your business accounts and credit lines whether you present papers at your branch or via digital channels.

Key Takeaways

  • Understand why lenders and beneficiaries request an affidavit in the bank guarantee process.
  • Know the essential facts to include: authority, amount, claim period and contract link.
  • Learn where the affidavit fits among application forms and supporting documents.
  • See how clear statements reduce risk, delays, fees and charges.
  • Apply this approach across business sizes and trade sectors in India.

Understanding bank guarantees in India and where an affidavit fits

A bank guarantee is a written promise from an issuing bank to pay a beneficiary if a borrower fails to meet obligations.

Leading banks, NBFCs and lenders issue guarantees to reduce counterparty risk and provide immediate credit for business trade or project services. Collateral may include fixed deposits, stocks or mutual funds.

The affidavit sits alongside the application. It confirms authority, states the purpose and links the guarantee to the underlying agreement or purchase order. That clarity helps match account details and triggers for payment.

“Verify any received guarantee directly with the issuing bank using official channels before you ship goods or render services.”

Durations commonly range from 3 months to 10 years. Types include performance, bid bond, advance payment, financial and foreign guarantees. The claim period and any held deposits should appear in documents.

Stage Action Why it matters
Application Submit forms, KYC, collateral details Enables credit assessment
Issuance Bank issues guarantee Bridges trust between buyer and seller
Invocation Beneficiary claims payment Bank pays if borrower defaults

Documents required before you draft the affidavit

A neatly organized collection of essential documents, including official paperwork, identification cards, and financial statements, set against a clean, professional background with subtle lighting highlighting their importance. The composition emphasizes the necessary materials required to draft an affidavit for a bank guarantee, conveying a sense of order and preparedness. The image should evoke a feeling of confidence and attention to detail, setting the stage for the crucial legal process.

Before you prepare the affidavit, gather a clear set of records so the bank can verify identity, authority and financial standing.

Core application set

Start with the completed application form and a signed Bureau Consent form. Include KYC for borrower and guarantor, with photographs and PAN that match the account details.

Entity proofs

Produce partnership deeds for firms or a current director list and shareholding pattern for companies. Add a board resolution where authority must be shown, and any supporting agreement that links the guarantee to the deal.

Financials and banking

Provide three years’ ITR with computations and audited accounts (Form 3CA/3CB and Annexure 3CD). Add provisional results if requested, GST returns, month-wise sales and debtor ageing, and other bank statements (six months standard).

Collateral, stamp paper and supporting items

Show fixed deposit receipts, mutual funds statements or liens, plus Udyam registration and sector licences. Buy stamp paper of the correct denomination to avoid extra charges or re-execution.

“Organise files with clear names and a checklist; a tidy pack speeds credit decisions and reduces repeated queries.”

Pack section Typical items Why it matters
Core Application form, Bureau consent, KYC Verifies identity and intent
Entity Deeds, director list, board resolution Proves authority and agreement links
Financial ITRs, audited accounts, GST, bank statements Supports credit and tax diligence

How to Draft an Affidavit for Bank Guarantee: a step-by-step guide

A meticulously crafted bank guarantee affidavit, set against a pristine white background. The document is illuminated by soft, even lighting, highlighting the clean lines and professional typography. The paper texture is subtly visible, conveying a sense of authenticity and legal gravitas. The affidavit is positioned centrally, with ample negative space surrounding it, creating a sense of importance and emphasis. The overall composition is balanced, with a calm, authoritative atmosphere, reflecting the gravity and significance of the legal document.

Keep the declaration concise and precise. Identify the applicant, issuing bank and beneficiary. State the total amount, validity and the claim period so the payment scope is clear.

Reference the underlying deal. Cite the contract, purchase order or project page and attach the specific pages as exhibits. This helps the bank map obligations to the correct accounts and credit lines.

Declare authority. Name the signatory, show designation and attach the board resolution or partnership authority. Include a secretary’s certification when needed.

  • Prepare annexures: ownership lists, client agreements and precise account identifiers.
  • Label exhibits clearly (Annexure A, B) and cross‑reference in the body.
  • Include identifiers like CIN, PAN or GSTIN and a service address for contact during the claim period.

Execute on the correct stamp paper, add place and date, and sign before a notary. State that all facts are true, with no omissions, and note any trust disclosures. File a signed copy with your home branch and retain originals for accounts and internal records.

Tailoring the affidavit to the type of bank guarantee and transaction

Match the affidavit text with the guarantee’s purpose — performance, bid security or an advance refund — so banks and beneficiaries see clear triggers.

Performance, bid bond, and advance payment

For a performance instrument, state deliverables, milestones and defect liability clearly.

For bid security, cite the tender ID, bid validity and the exact claim event.

For advance payment use a clause that shows the advance amount, refund triggers and any retention money.

Financial and deferred payment guarantees for goods and services

Set out repayment schedules, invoicing protocols and precise invoicing conditions that allow payment to the beneficiary.

Describe goods and services with HS codes or clear scopes, and list acceptance criteria so triggers match commercial reality.

Domestic versus foreign guarantees and supply chain considerations

State currency, governing law and whether a confirming bank or letter credit is involved for cross‑border trade.

Identify subcontractors or consortium partners and clarify which downstream obligations are covered or excluded.

“Beneficiaries should verify authenticity with the issuing bank; keep originals at your home branch for audit.”

Guarantee type Key affidavit points Why it matters
Performance Milestones, defect liability, site locations Links payment to project completion
Bid bond Tender ID, bid validity, invocation trigger Prevents wrong or premature claims
Advance payment Advance amount, refund events, retention Protects lender and beneficiary funds
Deferred/financial Repayment schedule, invoicing rules, account refs Aligns claims with credit and accounts

Fees, charges, and verification to protect your funds

Pricing, tax and authentication rules shape the real cost of a bank guarantee.

Plan your budget early. Many banks charge 0.50%–0.75% per quarter on the guarantee amount. Add 18% GST on banking services and expect processing, documentation and handling charges.

Collateral lowers fees and charges. Fixed deposits, stocks or mutual funds can reduce pricing. Unsecured instruments usually cost more and bite into your working capital and credit lines.

Typical fees, GST and factors affecting pricing

  • Quarterly fee: 0.50%–0.75% of sanctioned amount.
  • GST: 18% on banking services; include any tax gross‑up clauses in contracts.
  • Extra costs: processing, documentation and handling fees may apply.

Collateral, working capital impact and covenants

Margins and limit utilisation affect available cash for operations. Review covenants with your finance and legal teams. Negotiate with your home branch for caps or bundled solutions.

Authenticity checks and fraud safeguards

Verify any guarantee directly with the issuing bank before you ship goods or make payments. Keep originals secure, validate specimen signatures and use dual controls for amendments.

Item Typical cost Effect on working capital
Quarterly fee 0.50%–0.75% of amount Reduces available limit
GST 18% on bank services Tax on invoices; affects cashflow
Collateral Fixed deposit, stocks, mutual funds Can lower fees; ties up assets

“Track fees, payments and expiry dates on a central calendar so renewals are not missed.”

Submission, follow-up, and compliance after issuance

After issuance, your next steps centre on filing the executed pack with the issuing bank and confirming processing timelines.

Filing and communication. File the signed affidavit, application pack and annexures with your home branch and obtain an inward reference. Confirm the standard processing timelines for the specific guarantee type and note the exact date of issue.

Keep dated records: a copy of the issued guarantee, claim period and expiry date, courier proof to the beneficiary, and any amendments or extensions. Map these items to the correct account and accounts ledger for audit and reconciliation.

Keeping records and monitoring

  • Maintain originals in safe custody and scan all forms, declarations and trust or board resolutions.
  • Create a diary of payment milestones and notices at 30/15/7 days before expiry to avoid lapses.
  • Communicate status with the beneficiary to reduce risk of premature payment claims.

Amend, extend, cancel

When scope changes, time overruns or contract close‑out occur, request amendments or extensions with supporting documents. Factor the working capital and credit impact of any enhancement and seek approvals early.

“Collect the original instrument where required, obtain cancellation confirmation from the bank, and release any deposit or collateral.”

Action Why it matters Who
File executed pack Starts bank processing Your treasury
Diary notices Prevents accidental expiry Project lead / accounts
Close loop Frees deposits and clears accounts Home branch / finance

Conclusion

strong, Close the process with a short, validated statement that confirms authority, amount and the claim period for your bank guarantee.

File originals at your home branch and keep scanned copies linked to the right account. Note any pledged deposits or funds and the impact on credit and working capital.

Tailor wording to the guarantee type—performance, bid bond, advance payment or deferred payment—so payment triggers match goods and services and project milestones.

Keep a simple checklist for fees, GST and expiry dates. This helps your business protect money, maintain trust with the bank and speed final release of deposits at closure.

FAQ

What is the role of an affidavit in obtaining a bank guarantee?

An affidavit provides a sworn declaration confirming the truth of facts the bank relies on before issuing a guarantee. It sets out identity, authority, account and fund details, relationship to the underlying contract, and confirmations about encumbrances or collateral. Courts and banks treat it as a formal, legally binding statement supporting the guarantee application and protecting the bank against misrepresentation.

Which documents must you collect before preparing the affidavit?

You should gather the application form, KYC documents and credit bureau consent, entity proofs such as partnership deed or memorandum and articles, board resolution or director list, audited accounts, income tax returns, GST returns and recent bank statements. Also include collateral instruments, stamp paper, the underlying contract or purchase order, and any relevant supply or service agreements.

What key elements should the affidavit contain?

The affidavit must identify parties, state the purpose, specify guarantee amount and validity, reference the underlying contract or project, declare the signatory’s authority and internal approvals, list annexures like account details and ownership schedules, and record execution formalities such as date, place, stamp duty and notarisation.

How do you tailor the affidavit for different types of guarantees?

Adapt wording to the guarantee type — performance bonds, bid bonds and advance payment guarantees require specific obligations and claim events. Deferred payment and financial guarantees for goods and services need payment schedules and invoice references. For cross‑border guarantees, include currency, governing law and supply‑chain party details.

What verification and fraud checks should you expect from the bank?

The issuing bank will verify KYC, signatory authority, account balances, collateral charges and corporate records. Expect checks against public registers, confirmation calls, and verification of original documents. Banks may also run fraud detection and request additional undertakings or indemnities.

Which fees and charges apply when obtaining a guarantee?

Fees include issuance commission, document charges, GST and possible renewal or amendment fees. Pricing depends on tenor, amount, counterparty risk, and your working capital profile. Collateral costs or margin requirements and impacts on banking covenants may also affect overall cost.

How should the affidavit be executed to be legally enforceable?

Execute on the correct value of stamp paper and have the deponent sign before a notary public or magistrate as required. Include the place and date of execution, deponent’s identification, and witness details where applicable. Banks will usually require original notarised copies.

When must you update or amend the affidavit after issuance?

Amend when the underlying contract changes, the guaranteed amount or validity is extended, the signatory or authorised person changes, or when collateral arrangements are altered. Notify the issuing bank promptly and follow its prescribed amendment or extension procedures.

Can the affidavit affect working capital or other bank facilities?

Yes. A guarantee may draw on sanctioned limits or require additional collateral, affecting your working capital and credit utilisation. It can trigger covenant tests in loan agreements, so coordinate with your relationship manager and treasury team before signing.

What annexures and exhibits are normally attached to the affidavit?

Typical annexures include a list of authorised signatories, a copy of the underlying contract or purchase order, account details for debit instructions, ownership or shareholding schedules, board resolutions, and certified copies of supporting ID and entity registration documents.

How do domestic guarantees differ from foreign guarantees in drafting?

Foreign guarantees require clarity on governing law, dispute resolution, currency, presentation standards for documents, and may need apostille or consularisation. You should also address cross‑jurisdictional enforcement and any import/export or trade finance conditions.

Who should sign the affidavit within your organisation?

The affidavit should be signed by an authorised officer who has been authorised by a board resolution or power of attorney. The signatory must be clearly identified, and the affidavit should state their capacity and the basis of their authority.

What steps follow after submission of the affidavit to the bank?

The bank will verify the affidavit and supporting documents, may request originals, perform due diligence and, once satisfied, issue the guarantee. Keep copies of all filings, track timelines for issuance, and maintain communication with the bank until the guarantee is delivered.

Are there standard formats or templates you can use?

Many banks provide templates for affidavits and guarantee applications that reflect their compliance needs. Use the bank’s format where available, customise it to reflect the transaction specifics, and seek legal review for complex or high‑value guarantees.

What risks arise from inaccurate statements in the affidavit?

Misstatements or omissions can trigger bank refusals, liability for indemnities, civil or criminal penalties for fraud, and difficulty enforcing the guarantee. Ensure full disclosure and accurate representation of financials, encumbrances and authority.

Can personal assets be affected when corporate guarantees are issued?

Personal exposure depends on the presence of personal guarantees, director indemnities or security interest over personal assets. If you provide a personal guarantee or pledge personal property as collateral, those assets may be at risk.

What role do insurance and mutual funds play in securing a guarantee?

Insurance such as credit risk cover can reduce the bank’s exposure and lower fees. Pooled investments like mutual funds are generally not acceptable as direct collateral unless formally pledged and held in a lienable account under bank control.

How is tax treatment handled for fees and recovered claims?

GST applies to bank fees and commission. Recovery of claims under guarantees may create taxable receipts depending on the transaction nature. Consult your tax adviser to confirm treatment in your jurisdiction and to manage withholding or corporate tax implications.

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How to Write an Affidavit for Loan Settlement
Affidavit for Bank/Finance

How to Write an Affidavit for Loan Settlement

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written by

Surprising fact: over 40% of bank delays in India stem from incomplete sworn statements, not unpaid balances.

This short guide gives you clear, practical information on preparing a compliant affidavit for loan closure. You will learn what the form must state, why it must be in the first person, and how to keep facts limited to what you personally know.

Draft the document in plain numbered paragraphs and attach exhibits such as bank statements and ID proofs. Sign and have it attested by a Notary Public or Magistrate on the correct state non-judicial stamp paper so banks accept it without delay.

Online services can save time: choose a template, select your State, fill the form and opt for printing on stamp paper or doorstep delivery of a notarisation-ready copy.

Key Takeaways

  • Keep statements factual and in the first person; avoid hearsay or assumptions.
  • Number paragraphs and mark exhibits clearly when referring to supporting papers.
  • Use correct state stamp paper and get attestation in front of a Notary or Magistrate.
  • Cross-check loan account details and ID particulars to prevent rejections.
  • For procedural clarity, see a concise guide on affidavit evidence and execution at oath and affidavit practice.
  • Education-related formats can be adapted for loan closure, but do not overpromise facts beyond your knowledge.

Understanding affidavits in India and when you need one for loan settlement

An affidavit is a sworn written declaration that fixes facts in your own voice and under oath.

What the document is: deponent, oath and legal standing

You are the deponent. You must state facts that are within your own knowledge.

Draft the affidavit in the first person, sign it only before the authorised official, and note whether it is sworn or affirmed. If you cannot read or write, the officer records that the contents were read or explained and understood.

When banks ask for affidavits

  • Claim settlement for deceased account holders or disputed payments.
  • Education loans: sanction conditions, gap certificates or compliance checks.
  • Final loan closure or compromise where the lender needs sworn confirmation.
Bottom matter What to include Why it matters
Deponent particulars Full name, age, address and ID Avoids mismatches with bank records
Declaration Phrase such as “to the best of my knowledge” Signals personal responsibility
Attestation Date, place, Notary or Magistrate name and designation Ensures legal validity and acceptance

How to Write an Affidavit for Loan Settlement

Begin with a clear purpose. State whether you want final closure, a one‑time settlement or a negotiated compromise. A single sentence that names the purpose helps bank staff route the request correctly.

Define the precise purpose

Write a short opening line that identifies the purpose of the affidavit. Use plain language and repeat no more than necessary. Label this as the purpose affidavit if you prefer a formal heading.

Gather facts and supporting documents

Collect recent loan statements, sanctioned amount, outstanding balance, PAN and Aadhaar, and proof of address.

  • Reference each paper as an annexure and number them.
  • Include the loan account number and exact outstanding sum so figures match the annexures.
  • If this concerns an education matter, use the usual education loan exhibits and state the course or sanction details.

Draft in the first person, then affirm and sign

Use short, factual paragraphs in the first person. Limit statements to what you personally know; avoid hearsay.

End with a closing affirmation that the contents are true to the best of your knowledge, sign only in front of the authorised officer, and ensure the Notary or Magistrate records date, place and designation.

  1. Prepare the draft and print on correct non‑judicial stamp paper if required.
  2. Carry originals for ID checks, sign before the attesting officer, and get seals on all pages in the right execution order.
  3. When using online portals, choose the affidavit education or settlement type, make payment securely, and download or request doorstep printing.

Mandatory components and format that Indian lenders expect

Lenders expect a compact, factual affidavit that lists specific personal and loan particulars in clear order.

You start with your full name, age and complete postal address. Add contact numbers exactly as on your ID so the branch can match records quickly.

Next, set out loan particulars: the account number, current outstanding amount from the latest statement, and a realistic repayment plan with instalment amounts and dates.

Include a short purpose paragraph that names the objective — closure, compromise or settlement — and a standard declaration that the statements are true to the best of my knowledge.

“Place verifiable facts only; avoid hearsay and limit statements to what you can prove.”

  • Execution details: date, place and your signature before the authorised officer.
  • Notary/Public Officer block: full name, designation, registration number, seal and signature.
Section What to include Why it matters
Deponent details Full name, age, address, contact Matches bank records
Loan data Account number, outstanding, plan Enables verification
Execution Date, place, signature, Notary name Ensures legal acceptance

Sample structure you can adapt from education loan affidavits

An elegantly designed affidavit document, its header prominently featuring "Education Loan", rests on a wooden desk, illuminated by warm, natural lighting filtering through a nearby window. The document's crisp, professional layout showcases detailed sections, neatly arranged, inviting the viewer to explore the intricacies of this legal declaration. The background subtly suggests an academic or financial setting, with the affidavit serving as a bridge between the educational journey and the financial obligations it entails. The overall mood is one of thoughtful consideration, highlighting the importance of this document in the context of student loan settlement.

Adopt a familiar SBI‑style layout with labelled deponent numbers and short, factual clauses.

Begin with Deponent No. 1 (name, aged around years, relationship and address) and Deponent No. 2 if a parent or co‑applicant signs. Use the phrase “around years old” where the template expects a rough age, matching your ID.

Include concise model paragraphs such as:

  • A declaration of permanent residence and identification by name and ID numbers.
  • A clear statement that there is no other education loan for the same purpose and no prior default.
  • An undertaking by the parent or co‑applicant to honour repayment and reimburse State Bank of India for any validated loss, where applicable.

Reference annexures as exhibits: bank statements, ID proofs and any income or college certificate. Mark each annexure (Exhibit A, Exhibit B) and cite them where relevant in the text.

“Use labelled deponent clauses and signed exhibits so branch staff can verify facts quickly.”

  1. Close with a declaration that the facts are true to the best of your knowledge and belief and have both deponents sign.
  2. Have the document sworn or affirmed before a Notary Public and include the official’s details.
  3. Ensure exhibit numbering and signatures are consistent across all pages.

Stamp paper, notarisation, and annexures in the Indian context

Before execution, confirm the correct state stamp value and the notary process. Verify the non‑judicial stamp denomination your State prescribes so the bank or court does not reject the document for incorrect stamping.

Plan your signing. Carry original photo ID when you meet the Notary Public or Magistrate. Sign only in the officer’s presence so they can witness and record your signature and identity.

If you cannot read or write, the officer must certify that the contents were read or explained and that you understood them. This ensures the affidavit carries legal weight.

Annexures and pagination

Prepare all supporting documents: recent loan statements, identity and address proofs, and any certificate you rely on. Mark each with Exhibit or Annexure labels (for example, Annexure A, B, C).

Paginate the full set and initial or sign every page if advised by the notary. Cross‑reference each exhibit in the body of the document so statements link clearly to supporting papers.

  • Use a reputable online service if you prefer: choose the affidavit type, select your State, pay, and opt for printing on the correct stamp paper and doorstep delivery.
  • Keep a scanned copy of the fully executed affidavit and annexures for quick sharing with your lender.
Requirement What you must do Why it matters
Stamp and paper Verify state non‑judicial stamp value and use correct paper Prevents rejection for improper stamping
Notarisation Sign before authorised officer with original ID Confirms identity and execution
Annexures Label, paginate and cross‑reference exhibits Maintains documentary chain and ease of verification

For an online option that prints on required stamp paper and delivers the completed pack, consider using a trusted provider such as affidavit services.

Special scenarios: education loan settlement, gap certificates, and co-applicants

A thoughtful, minimalist composition depicting a gap certificate against a clean, blurred background. The certificate is centered, highlighted by soft, diffused lighting from the top, casting subtle shadows. The paper texture is realistic, with a subtle embossed pattern. The overall mood is one of quiet professionalism, reflecting the serious nature of the topic. The composition is well-balanced, drawing the viewer's eye directly to the certificate without distracting elements.

Certain scenarios — a break in study, a parental undertaking or a final account compromise — need specific wording and clear exhibits. Use concise, bank‑friendly phrases so branch staff can verify facts fast.

Education loan affidavit vs settlement affidavit: an education loan affidavit focuses on course, college, funding use and repayment intent. A settlement affidavit replaces course details with account numbers, settlement sums and timelines.

When lenders ask for a gap certificate: provide the period of gap, lawful reasons (employment, family care), and a statement that no criminal case is pending. Keep explanations factual and attach supporting documents where possible.

Co‑applicant or parent declarations: adopt SBI‑style labels such as Deponent No. 1 (parent) and Deponent No. 2 (student). Include name, aged around years, address, the deponent’s undertaking to reimburse State Bank of India if required, and a clear pledge on repayment.

Common mistakes to avoid and how to create your affidavit online

Clear, provable statements save time and reduce rounds of queries.

Hearsay, vague statements, and mismatched IDs

Avoid hearsay. State only facts you can prove with annexed documents or original papers.

Check spelling of names, dates and ID numbers so bank records match exactly.

Incorrect purpose or missing loan details that delay processing

Give a clear purpose and list full account number, outstanding amount and proposed plan. Missing figures trigger repeat queries.

Using trusted portals

Choose a recognised service that offers pre‑drafted templates, preview, secure payment and stamp paper printing.

Opt for doorstep delivery if you prefer the provider to print on the correct non‑judicial stamp and supply a notarisation‑ready pack.

Common error Fix Why it matters
Vague statements Attach labelled exhibits Speeds verification
Mismatched IDs Cross‑check spellings and numbers Prevents rejection
Missing loan details Include account, amount, plan Avoids processing delays
Incorrect stamping Use portal printing or correct stamp paper Ensures legal acceptance

Conclusion

, End with a short affirmation that the contents are true to the best of your knowledge. Sign only in the officer’s presence and list the deponent’s full name, signature, date, place and the Notary or Magistrate’s details.

State the purpose plainly and attach labelled exhibits so a bank or branch can verify facts quickly. Keep each statement factual; limit remarks to what you personally know.

Use reputable online services if you prefer: they can draft State‑wise compliant papers, print on the correct stamp and deliver a notarisation‑ready pack. That way your education or education loan paperwork and the loan affidavit are complete, accurate and more likely to be accepted on first submission.

FAQ

What is an affidavit and who is the deponent?

An affidavit is a sworn written statement you make before a notary or magistrate. The deponent is the person who makes and signs the statement, declaring the facts under oath and providing their full name, age, address and contact details for legal standing.

When do lenders require an affidavit for a loan matter?

Lenders typically ask for an affidavit during settlement, closure, compromise or claim processes. Banks also request affidavits for education loan formalities, loan transfer, or when documentation gaps arise and they need a sworn assurance.

What should you state as the clear purpose in the affidavit?

You should specify the purpose precisely — for example, settlement of loan account, closure after final payment, or compromise of dues. A precise purpose avoids ambiguity and speeds up bank processing.

Which documents must you annex to support the affidavit?

Attach loan statements, identity proof (Aadhaar, passport), address proof, bank account details, payment receipts and any gap certificate or college certificate if related to education loan matters. Mark and paginate annexures as exhibits.

How should the affidavit be written and signed?

Draft in the first person, stating provable facts only. Include declarations such as “to the best of my knowledge” where appropriate. Sign in the presence of a notary or authorised public officer who will attest and provide their details on the document.

What loan particulars must appear in the affidavit?

Include the lender’s name, loan account number, date of sanction, sanctioned amount, outstanding balance, EMIs or repayment plan, and any payment order or settlement figure agreed with the bank.

What format and statements do Indian lenders expect?

Lenders expect a clear header with deponent details, numbered paragraphs, declarations about accuracy, purpose clause, annexure list, date and place, signature of the deponent and notary details. Use simple, precise language and avoid hearsay.

Do you need stamp paper and notarisation?

Yes. Use the correct non‑judicial stamp value prescribed by your state for affidavits and get the document notarised or sworn before an authorised officer. Notarisation verifies your signature and the oath.

How do education loan affidavits differ from general settlement affidavits?

Education loan affidavits often include course details, college name, gap certificate explanations, parent or co‑applicant undertakings, and specific repayment commitments tied to student status. Settlement affidavits focus on outstanding dues and compromise terms.

When will a lender request a gap certificate and how should you include it?

Lenders may ask for a gap certificate when there is an education period gap in your records. Annex the gap certificate as an exhibit, reference it in a paragraph explaining the gap and attach supporting college or employer documentation.

What clauses are useful in an SBI‑style affidavit?

Include deponent number and relationship where relevant, affirm no other loans of similar nature exist (if true), a commitment to repay as agreed, and a statement confirming the accuracy of facts. State Bank of India branches commonly accept such clear clauses.

How should you present annexures and exhibits?

Label annexures as Exhibit A, B, C, number each page, and cross‑reference them in the affidavit paragraphs. Ensure each annexure is signed or attested where required and include a list of documents at the end of the affidavit.

What common mistakes delay processing of a loan affidavit?

Avoid vague statements, hearsay, mismatched identity details, missing loan numbers, incorrect stamp value, and unsigned annexures. These errors often cause requests for resubmission and processing delays.

Can you create and get an affidavit online?

Yes. Use trusted portals that offer pre‑drafted templates, stamp paper printing in your state and doorstep delivery, but ensure final signing and notarisation occur in person to comply with legal requirements.

What should co‑applicants or parents include in their declarations?

Co‑applicants and parents should state their relationship to the borrower, any joint liability, commitment for payment or security, and provide their full identification, address and signature before the notary.

How should you phrase declarations about knowledge and accuracy?

Use clear phrases such as “to the best of my knowledge and belief” when asserting facts. This balances certainty with legal prudence and is commonly accepted by banks and courts.

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