An affidavit is a written statement of facts that you swear or affirm to be true, signed in front of a person authorised to administer an oath: a notary, an oath commissioner, or a magistrate. A notarised document is any document that a notary has attested, usually by confirming who signed it and when.
So the two overlap. Most affidavits in Bengaluru are sworn before a notary, which makes them notarised affidavits. But not every notarised document is an affidavit. A rental agreement or a power of attorney can be notarised without being an affidavit.
The practical question is what the office asking for it wants. This article explains the difference, what stamp paper to use in Karnataka, where to get it done, and when a notary is not enough.
What an affidavit is
An affidavit is evidence in written form. It is used when a person has to state facts on oath:
- a name change, or that two spellings refer to the same person
- loss of a document such as a share certificate, passbook or mark sheet
- address or income declarations for some applications
- proof of relationship, residence or marital status
- facts in a court case, filed with a petition or application
Because it is on oath, lying in an affidavit is the offence of giving false evidence. Under the Bharatiya Nyaya Sanhita, 2023 this is covered by Sections 227 and 229 (earlier Sections 191 and 193 IPC). Read every line before you sign.
What a notary does
A notary is a lawyer appointed by the Central or State Government under the Notaries Act, 1952. A notary can:
- verify, authenticate and attest the execution of a document
- administer an oath and take an affidavit
- certify copies as true copies
When a notary attests your document, they check your identity, watch you sign, enter it in their notarial register, and put their seal and signature. The notary does not check whether what is written is true or whether the document is legally valid. Notarisation proves who signed. It does not make a weak document strong.
Affidavit or notarised document: a quick table
| You need | Usually means | Who signs it off |
|---|---|---|
| Affidavit for name change, lost document, declaration | Sworn affidavit on stamp paper | Notary |
| Affidavit to file in court | Sworn affidavit in court format | Oath commissioner at the court, or a notary |
| “Notarised copy” or “attested copy” | Copy certified as true | Notary, or a gazetted officer if the office allows |
| Rental agreement up to 11 months | Agreement on stamp paper, often notarised | Notary (registration optional) |
| Sale deed, gift deed, lease above one year | Registered document | Sub-registrar, not a notary |
| Self-declaration on a government form | Your own signed statement | No one; many offices now accept self-declaration |
Stamp paper for an affidavit in Karnataka
An affidavit in Karnataka carries stamp duty. After the Karnataka Stamp (Amendment) Act, 2023, which came into force in February 2024, the duty on an affidavit rose from Rs 20 to Rs 100.
You can get it in two ways:
- Digital e-stamp on Kaveri: since the Karnataka Stamp (Digital e-Stamp) Rules, 2025, you can generate the e-stamp yourself on the Kaveri portal (kaveri.karnataka.gov.in) and print it
- through an authorised e-stamp vendor, often found near court complexes, sub-registrar offices and notary chambers
Affidavits filed in court proceedings have their own rules on stamp and court fee. Ask the advocate filing the case.
Where to get it done in Bengaluru
Notaries are found around every court complex: the City Civil Court on K.G. Road, the Mayo Hall court complex on M.G. Road, and the court complex on Nrupatunga Road. Many also sit near sub-registrar offices and in residential areas, including RR Nagar, Kengeri and Vijayanagar. A notary’s seal carries their name and registration number, and they must enter your document in their notarial register.
Oath commissioners are appointed by the courts. They sit inside court complexes and swear affidavits that are to be filed in that court.
Carry your original ID (Aadhaar or passport), a photocopy, the stamp paper, and the printed affidavit or document. Notaries charge a fee for each document. Ask the fee before they start, and ask for a receipt.
When a notary is not enough
People often notarise a document thinking it is now “legal”. Some documents must be registered at the sub-registrar office under the Registration Act, 1908, or they cannot be used as proof of the transaction in court:
- sale deeds and gift deeds of immovable property
- leases of immovable property for more than one year
- agreements of sale that hand over possession, where they are relied on as part performance
- relinquishment or release deeds over property
A notarised sale agreement or “GPA sale” does not transfer ownership of land. If you are buying property, see our article on sale deed registration in Bengaluru. For a power of attorney that will be used to sell property, read power of attorney in Bengaluru.
When a self-declaration is enough
Many central and state government applications now accept a self-declaration or self-attested copy instead of an affidavit or attested copy. If a government counter asks for an affidavit for a routine application, it is fair to ask whether self-declaration will do. For banks, courts and private companies, follow what they ask.
If you are doing an affidavit for a name change, our guide to name change in Karnataka has the full steps.
Questions people ask
What is the difference between an affidavit and a notary?
An affidavit is a sworn written statement of facts. A notary is a person authorised to administer the oath and attest the signature. Most affidavits in Bengaluru are sworn before a notary, so they are notarised affidavits.
How much is the stamp paper for an affidavit in Karnataka?
Rs 100, after the Karnataka Stamp (Amendment) Act, 2023 raised it from Rs 20. You can buy a digital e-stamp on the Kaveri portal.
Does a notarised document need to be registered?
Only if the law requires that kind of document to be registered, such as a sale deed, gift deed or a lease for more than one year. Notarisation does not replace registration.
Is a notarised rental agreement valid in Bangalore?
A rental agreement for up to 11 months on proper stamp paper is commonly notarised and is valid between the parties. A lease of more than one year must be registered at the sub-registrar office.
Can I get an affidavit done online in Bengaluru?
You can draft the affidavit and buy the e-stamp online, but in most cases you still have to sign in front of the notary, who checks your ID and enters it in the register.
Talk to us about your matter
Call or WhatsApp to fix a time. Bring your papers to the office in Rajarajeshwari Nagar.
This article is general information about the law as it stood when it was written. Your facts change the answer. Speak to an advocate before you act on it.