Need an affidavit, NOC or undertaking today

What has probably happened

A bank, a school, a passport office, a housing society, an employer or a government department has asked you for a paper by a certain date. It may have said "affidavit", "NOC", "undertaking", or sometimes all three. You need it today, and you want it right the first time.

These are three different documents. Getting the type wrong is the most common reason a paper is sent back.

• Affidavit. A written statement of facts that you declare to be true. The person making it is called the deponent. Under the General Clauses Act, 1897, "affidavit" includes an affirmation or declaration, for people allowed by law to affirm instead of swearing (Section 3). You need an affidavit to declare a name or address change, a date of birth, a lost document, your income or your relationship to someone.
• No objection certificate (NOC). Your written consent. It says you do not object to something someone else wants to do: your tenant registering an address at your flat, your spouse applying for a passport, your employee taking up a course.
• Undertaking. Your written promise to do something, or not to do something, by a certain time. For example, a promise to a school to pay fees by a date, or to a landlord to repair damage. A promise made for something in return can be enforced like any agreement under the Indian Contract Act, 1872 (Section 10 sets out when an agreement is a contract).

If you are declaring facts, make an affidavit. If you are giving consent, make an NOC. If you are promising, make an undertaking.

What to do, step by step

Step 1 — Ask the office three questions. Do this before you make anything. It saves a second trip.

• Which document, exactly? Ask what they call it and, if they have one, ask for their format or checklist. Some offices want specific words.
• On stamp paper, and of what value? Under the Indian Stamp Act, 1899, a document listed in its Schedule carries stamp duty (Section 3). The Schedule lists the affidavit; the duty on an NOC or undertaking depends on how your state's schedule treats it. Each state sets its own rates. An e-stamp is a government stamp certificate issued electronically in your name. It does the same job as stamp paper.
• Signed, notarised, or sworn? Ask whether a signed and stamped document is enough, or whether they need it attested by a notary or sworn before an oath commissioner. The answer decides step 4.

Step 2 — Collect the facts. Write down what the document must say, exactly as it appears on your records.

• Your full name, your father's or spouse's name, age and address as on your ID.
• For an affidavit, each fact you are declaring, with names, dates and numbers.
• For an NOC, who is giving the consent, to whom, for what and for how long.
• For an undertaking, what you promise, by when, and what follows if you do not keep it.
• The name and address of the office or person who will receive it.

Step 3 — Make the document. Keep it short and specific. Number each fact or promise. Say what the document is for. Do not add facts you are not sure of; you are answerable for every line. An affidavit ends with a verification: a short statement that the contents are true to your knowledge, with the place and date.

With eMunshi you answer the questions in about four minutes and read the full draft free before you pay. The government e-stamp for your state is attached, and you sign with an Aadhaar OTP on your own phone. The signed PDF comes on WhatsApp and email. Two revisions are included.

Step 4 — Sign, and swear if needed. If the office accepts a signed, stamped document, you are done once you sign. If it wants the affidavit sworn, print the signed affidavit and take it, with your original ID, to a notary or an oath commissioner. The Notaries Act, 1952 allows a notary to administer an oath and take an affidavit (Section 8). A notarial act counts only when the notary does it under their signature and official seal.

Step 5 — Hand it over and keep a copy. Give the original, or the signed PDF if they accept it, to the office. Keep a copy and note the date you handed it in.

When a notary or oath commissioner is still needed

An affidavit for a court is sworn before a person the law names. For criminal courts, Section 333 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lists a judge or magistrate, an oath commissioner appointed by a High Court or Court of Session, and a notary. For civil courts, Section 139 of the Code of Civil Procedure, 1908 lists the court or a magistrate, a notary, and officers appointed by the High Court or another empowered court. An affidavit for a court case is usually prepared by the advocate handling that case.

A government office that asks for an affidavit sworn in person may also want it attested by a notary. Check what the office requires. An e-signed affidavit can be printed and taken to a notary the same day.

An NOC or undertaking does not need a notary in law. If the office asks for a notarised copy, take the printed document to one.

An undertaking to a court is different: it is given in that case, through the advocate on record. It is not a document you make yourself.

Timeline and costs

When	What	Who pays
Today, first	Ask the office which document, what stamp value, and whether it must be sworn	—
About 4 minutes	Affidavit, NOC or undertaking drafted, e-stamped and Aadhaar e-signed	You: affidavit ₹499, NOC ₹499, undertaking ₹499, each with eMunshi, plus your state's stamp duty, shown before you pay
Optional	An independent advocate from our panel reads the draft before you sign	₹499
Same day, if required	Sworn or attested before a notary	The notary's fee

Documents to keep handy

• Your Aadhaar-linked mobile number, for the e-sign OTP.
• Your ID with your current address.
• The exact facts, names, dates and numbers you are declaring or promising.
• The office's own format or checklist, if it has one.
• For an NOC about property, a vehicle or an account: its details (address, registration number, account number).

Mistakes that sink people

• Making the wrong document. An office that asked for an affidavit will not accept an NOC. Ask first.
• Stating something you are not sure of. A false statement on oath is an offence (Bharatiya Nyaya Sanhita, Sections 227 and 229). A false statement in a declaration that an office is bound or authorised by law to receive as evidence is punished in the same way (Section 236). If you are not sure of a fact, leave it out or say why you believe it.
• Names and numbers that do not match your ID. One wrong letter in a name or digit in a number sends the paper back.
• Vague consent or promises. "No objection to anything" helps nobody. Say exactly what you consent to or promise, and for how long.
• Skipping the notary when the office wanted one. Ask in step 1, not at the counter.

When this is not a document you can make yourself

A power of attorney, an affidavit for a pending court case, or an undertaking to a court is court or property work. An independent advocate from our panel can take it on; they quote their fee before you pay anything. If you are not sure which document fits, a 30-minute call with an advocate starts at ₹999.

Read more: General affidavit: format and wording · NOC formats · Make an NOC · Make an undertaking.