An affidavit of domicile is a legal document that can help establish your permanent residence. This document is especially important when you need to claim the property or assets left behind by a deceased person. Let’s dive deeper into the importance, benefits, and guidelines on creating an affidavit of domicile.
An affidavit of domicile is a sworn statement that confirms your domicile, which is the place where you intend to make your permanent home. The document attests that you have been living at a particular address for a long time and have no intention of leaving it. It can serve as evidence of your permanent residency for legal purposes.
The affidavit of domicile can be crucial in various legal proceedings, including the transfer of property or assets of a deceased person. It helps establish the residency of the deceased person, which is important in determining jurisdiction, taxation, and probate laws.
An affidavit of domicile can benefit both the person creating it and the beneficiaries of the deceased person's assets. It can provide clarity and transparency in legal proceedings, reduce the chances of disputes, and expedite the process of transferring assets or property.
You may need an affidavit of domicile in various situations, including:
Claiming the property or assets left behind by a deceased person.
Applying for a domicile certificate.
Establishing residency for tax purposes.
Proving residency in court proceedings.
To make the affidavit of domicile legally binding, you need to follow these guidelines:
Review the document before submitting it to ensure accuracy.
Print the document on stamp paper of recommended value, as per the Stamp Act.
Sign the document and get it attested by a notary public as per law.
No, an affidavit of domicile cannot be created with Aadhaar E-sign. It needs to be printed on stamp paper and signed by the affiant in the presence of a notary public.
The affidavit of domicile is governed by the Indian Evidence Act, Code of Civil Procedure, and Transfer of Property Act, 1882. It is important to follow these laws to ensure the validity of the affidavit.
