VIJAYNARAYAN (FREELANCE EDU CONSULTANT) 24 August 2011

Affidavit as a stand alone legal document

A = LESSOR & B= LESSEE have entered into Rental Lease agreement. After some time A requests the LESSOR be changed to C, since the property from A is now Gifted to C by a proper Gift Deed. A & C are mother and daughter. However some mismatch in the address stated in the Gift Deed & Rental Lease Deed is noticed by LESSEE.

B says change in LESSOR is agreeable; but however requests A & C to furnish , " NOTARIZED AFFIDAVIT", stating the facts and also give undertaking for indemnity - ON 100/- STAMP PAPER

AS A LEGAL DOCUMENT THE AFFIDAVIT , " SERVES THE PURPOSE ; FOR B=LESSEE

I invite comments from the learned colleagues

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5 Replies

M.Sheik Mohammed Ali (advocate) 24 August 2011

yes, proper way, you are inter into agreement.

ajay sethi (lawyer) 24 August 2011

if name of lessor has changed on account of gift deed advisable to enter into fresh agreement of leave and licence to avoid legal complications in future . .mere affidavit wont do as major changes are to be incorpotared . as lessor has changed

PARAG HARIVADAN SATYAPANTHI (Advocate) 27 August 2011

Yes, The duly executed and registered gift deed should is sufficient to concider C (daughter) as the LESSOR. Wrriten letter of intimation by the Mother (DONOR) to the daughter (DONEE) and the LESSEE with the copies of the letter endorsing to the other and a certified copy of the Gift Deed to the LESSEE and similerly by the daughter (DONEE) to the LESSEE with the copy of the letter of intimation received from the mother (DONOR) in other words which called NOTICE OF ATTORNMENT would serves the purpose.

The LESSEE is asking for the affidavit and the indemnity bond for it's own safety. There is no harm in giving proper affidavit and Indemnity.

PARAG HARIVADAN SATYAPANTHI (Advocate) 27 August 2011

Yes,

The duly executed and registered gift deed sufficient to concider C (daughter) as the LESSOR. Wrriten letter of intimation by the Mother (DONOR) to the daughter (DONEE) and the LESSEE with the copies of the letter endorsing to the other and a certified copy of the Gift Deed to the LESSEE and similerly by the daughter (DONEE) to the LESSEE with the copy of the letter of intimation received from the mother (DONOR) in other words which called NOTICE OF ATTORNMENT would serves the purpose.

The LESSEE is asking for the affidavit and the indemnity bond for it's own safety. There is no harm in giving proper affidavit and Indemnity.

VIJAYNARAYAN (FREELANCE EDU CONSULTANT) 29 August 2011

Dear Mr.P. Harivadan

while I thank you for the response, please note that the requirement of , " affidavit " , & notarising the same has arisen only due to , " address mis match ", between the Gift deed and the address in the Lease deed . Otherswise the Gift deed alone is sufficient to enter into a new lease deed with the daughter , i.e the new Lessor