The Definitive Guide to Affidavits in Gujarat: Insights from Advocate Paresh M. Modi’s Practice

In the labyrinth of Indian legal and administrative procedures, an affidavit stands as a crucial document—a bridge between a citizen’s declaration and the law’s requirement for sworn truth. In Gujarat, where processes in government departments and universities are highly formalized, the role of a seasoned legal expert becomes indispensable. One such prominent figure is Advocate Paresh M. Modi, whose practice in Ahmedabad has extensively dealt with drafting, vetting, and notarizing affidavits for a wide array of purposes.

This blog delves into the world of affidavits, drawing from the common requirements seen in practices like that of Adv. Paresh M. Modi, and outlines the specific types demanded by various institutions across Gujarat.

Who is Advocate Paresh M. Modi?

Advocate Paresh M. Modi is a practicing lawyer based in Ahmedabad, Gujarat, with a focus on Criminal law, Special Act Cases, Civil law, documentation, Registration work, and legal consultancy for governmental and educational procedures. His office is frequently approached by students, professionals, and individuals requiring legally sound affidavits for submission to universities, municipal corporations, revenue departments, and state authorities. His expertise lies in ensuring that affidavits are drafted with precise language, adhere to the relevant Acts (mainly the Indian Evidence Act, 1872, and Notaries Act, 1952), and are executed correctly to prevent rejection or legal complications.

What is an Affidavit? The Gujarat Perspective

An affidavit is a written statement of facts, confirmed by the oath or affirmation of the person making it (the deponent), sworn before a person legally authorized to administer such an oath (like a Notary Public, Oath Commissioner, or Magistrate).

In Gujarat, the format, stamp duty, and attestation authority can vary based on the purpose and the receiving department. A standard affidavit drafted under the guidance of Adv. Paresh M. Modi typically includes:

• Title & Court (if applicable)

• Introduction of the Deponent (name, father’s name, address)

• Factual Statements (numbered paragraphs, clear and concise)

• Declaration of Truth

• Verification Clause (separately signed)

• Attestation by Notary/Oath Commissioner with seal, date, and registration number.

Types of Affidavits Required by Universities in Gujarat

Gujarat’s universities (GTU, Gujarat University, MS University, SPU, etc.) and affiliated colleges require affidavits for numerous student-related processes. Adv. Paresh M. Modi’s practice commonly handles the following:

1. Affidavit for Name Change / Correction:

   • Purpose: To correct a spelling discrepancy, change a surname after marriage, or adopt a different name in academic records.

   • Content: Declares the current name, desired correct name, reason for change, and that the change is not for fraudulent purposes.

   • Submission: University’s examination department, student services.

2. Gap Year Affidavit:

   • Purpose: To explain a break in education between school and college or between degrees.

   • Content: Details the period of the gap, the genuine reason (e.g., health issues, preparation for competitive exams), and declares no unlawful activity was undertaken during the period.

   • Submission: Admission departments during enrollment.

3. Affidavit for Date of Birth Correction:

   • Purpose: To rectify an error in the date of birth in school or university records.

   • Content: States the correct DOB as per the first school leaving certificate or birth certificate and the incorrect one in current records. Often requires supporting documentary proof.

   • Submission: University administration.

4. Income Affidavit (For Scholarship or Fee Concession):

   • Purpose: To declare family income for availing state or central government scholarships (like Mukhyamantri Yuva Swavalamban Yojana).

   • Content: Details of all family income sources, total annual income, and a declaration of truthfulness. Often needs to be on a non-judicial stamp paper of specified value.

   • Submission: College scholarship cell.

5. Affidavit of Single Girl Child (For Scholarship):

   • Purpose: To avail benefits under specific schemes for single girl children.

   • Content: Declares that the student is the only female child of her parents.

   • Submission: Submitted along with scholarship applications.

6. Anti-Ragging Affidavit:

   • Purpose: Mandatory under UGC regulations for both students and parents at the time of admission.

   • Content: The student affirms not to participate in ragging, and the parents affirm to ensure their ward’s compliance. Often follows a standard format provided by the university.

   • Submission: College administration.

Types of Affidavits Required by Government Departments in Gujarat

State government procedures are stringent. Adv. Paresh M. Modi’s expertise is critical in navigating these requirements.

1. Affidavit for Legal Heir / Succession:

   • Purpose: To claim assets, pensions, or benefits of a deceased person when there is no will.

   • Content: Lists all legal heirs, their relationship to the deceased, and declares no other heirs exist. Used extensively by Revenue Department (Mamlatdar Office) and for bank settlements.

   • Stamp Duty: Can be significant, based on court fee rules.

2. Address Proof Affidavit:

   • Purpose: To serve as proof of residence when standard documents (like ration card, electricity bill) are unavailable. Accepted by many departments.

   • Content: Solemnly declares the deponent’s residential address, period of stay, and that no other documentary proof is currently available.

   • Submission: RTO, Passport Office, Municipal Corporation.

3. Affidavit for Marriage Registration:

   • Purpose: Used in court marriages or as a supporting document for late marriage registration under the Gujarat Marriage Registration Rules. Can be an affidavit of marital status, date of marriage, etc.

   • Content: Joint affidavit by husband and wife stating facts of their marriage.

   • Submission: Registrar of Marriages.

4. Affidavit for Loss of Documents:

   • Purpose: To report loss of important documents like Degree Certificate, Ration Card, Driving License, Aadhaar Card, etc., and to apply for duplicates.

   • Content: Details of the lost document (number, issuing authority), circumstances of loss, and a police complaint FIR number is usually attached.

   • Submission: Issuing authority (University, RTO, Taluka Office).

5. Income & Asset Affidavit (For Government Schemes):

   • Purpose: To avail benefits under welfare schemes that have income/asset ceilings (e.g., housing schemes, livelihood support).

   • Content: Detailed list of family income, land holdings, property, etc. Must be sworn before a Notary or Executive Magistrate.

   • Submission: Relevant scheme officer at District Panchayat or Collectorate.

6. Affidavit for Change of Occupation in Land Records (Mutation):

   • Purpose: To request the Town Planning or Revenue Department to change the land use designation (e.g., agricultural to residential).

   • Content: Declares ownership, current and requested occupation, and compliance with relevant laws.

   • Stamp Duty: Required on stamp paper as per the Bombay Stamp Act.

Why Legal Assistance from Experts like Adv. Paresh M. Modi is Crucial

1. Correct Drafting: A single vague phrase can lead to rejection. Legal experts ensure the language is unambiguous and meets the specific demand of the department.

2. Jurisdiction & Stamp Duty: They know the correct value of non-judicial stamp paper (₹20, ₹50, ₹100, etc.) as per the Gujarat Stamp Act, which varies by affidavit type and authority.

3. Proper Attestation: They ensure it is sworn before the correct authority—Notary Public for most, Oath Commissioner for court matters, or Executive Magistrate for specific government schemes.

4. Liaison & Verification: They often understand the unstated preferences of local departments and can pre-empt issues.

Final Checklist Before Submitting Your Affidavit (As Advised by Practitioners)

• Is it on the correct value of Non-Judicial Stamp Paper?

• Are all names, dates, and numbers accurate and match supporting documents?

• Is the Verification Clause properly signed separately?

• Does it have the clear seal, signature, and registration number of the Notary/Oath Commissioner?

• Is the Notary’s validity date current?

• Have you made 2-3 photocopies (attested if required) for your records and future use?

Navigating the affidavit landscape in Gujarat requires precision and local legal knowledge. Consulting with experienced advocates like Paresh M. Modi can transform a daunting procedural hurdle into a smooth, certified step towards achieving your academic or administrative goals.

Contact Details of Advocate Paresh M Modi 

Advocate Paresh M Modi
Office No. C/112, Supath-2 Complex,
Opp. Kohinoor Plaza Hotel,
Near Old Wadaj Bus Stand,
Ashram Road, Ahmedabad – 380013, Gujarat, India.
Mobile (WhatsApp only, 9 AM – 9 PM): +91 9925002031
Office Landline (10:30 AM – 6:30 PM, Working Days): +91-79-48001468
Email: advocatepmmodi@gmail.com
Website: www.advocatepmmodi.in

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For specific legal guidance and drafting of affidavits, please consult directly with Advocate Paresh M. Modi or another qualified legal professional.