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Affidavit

Synonyms: sworn statement، notarized declaration، certified affidavit، statutory declaration، formal written statement

Last updated: 2026-05-09

Short Definition

Sworn written statement used in legal evidence, presented in real estate cases, accepted as evidence before judiciary.

Overview

An affidavit is a written document in which a person declares information or facts they know and affirms their accuracy under penalty of legal liability for falsification. It is a formal written evidentiary instrument that in some circumstances substitutes for personal appearance before judicial or administrative authorities, acquiring its authority from the signature and formal notarization. In the Saudi legal framework, the equivalent of an affidavit exists in several forms: declaration before a notary, certified declaration through the Najiz platform, and statements formally submitted to REGA in licensing applications and complaints. Many notarized declarations are submitted before REGA's administrative bodies, such as property ownership statements, proof of residence, and contractual status declarations. The use of this type of declaration is growing with the expansion of digital procedures, as government platforms now require electronically certified declarations authenticated by digital identity (Nafath) to verify the accuracy of information submitted in real estate office licensing applications and contract registrations.

Legal Basis

Certified declarations in the Saudi framework are based on the Documentation System and its regulations governing notary authorities, and the Evidence System that defines the legal authority of officially notarized documents.

Sources

Practical Example

Turki Al-Shammari wanted to verify that he owned no registered real estate in the Riyadh region to complete procedures for a real estate loan from the Real Estate Development Fund. He was asked to submit a notarized written declaration to that effect. Turki went to the notary and gave his declaration before them after identity verification through Nafath. The notary issued a notarized declaration document bearing a sequential number, date, and official signature. The document was accepted by the Real Estate Development Fund as part of the loan file. Turki later realized that he held a small inheritance share in a property in Madinah that he had not mentioned in the declaration, and he immediately submitted an amended declaration to avoid the consequences of a declaration contrary to the truth.

Common Mistakes

  • ✗Submitting a declaration containing incomplete or inaccurate information without awareness of the legal consequences of a false declaration
  • ✗Believing that an electronic declaration through government platforms is less authoritative than a paper declaration before a notary
  • ✗Neglecting to verify the accuracy of the information in the declaration before signing, particularly regarding properties and legal rights
  • ✗Using an expired declaration or one issued long ago in transactions that require a recent declaration
  • ✗Failing to retain a copy of the declaration and the receipt of its acceptance by the competent authority

International Differences

In the UAE, Affidavits are widely used in DIFC and DIAC court procedures and are equivalent to sworn statements under the English law applied there. In Turkey, documents signed before a notary (Noterde İmzalanan Beyan) are used as in the Saudi system. In Egypt, a notarized declaration is equivalent to notarization before the real estate registration authority or court notarization. In the UK, Statements of Truth and Statutory Declarations are used in civil and real estate proceedings. In the US, the Affidavit is a fundamental procedural instrument in judicial and administrative real estate proceedings, signed before a Notary Public.

FAQs

What is the difference between a notarized affidavit and testimony before a court?▾
A notarized affidavit is a written document submitted in administrative or judicial proceedings. Testimony before a court is oral or written and given before a judge with the possibility of cross-examination. An affidavit is not subject to direct cross-examination.
Is a declaration submitted through the Nafath digital platform accepted by REGA?▾
Yes, electronically certified declarations via Nafath are accepted in REGA's administrative procedures and are equivalent in their authority to paper declarations in accordance with applicable regulations.
What is the penalty for a false declaration in real estate transactions?▾
A false declaration is a criminal offense punishable by fine, imprisonment, or both under the Cybercrime Law and criminal regulations. It also exposes the declaring party to civil liability for resulting damages.
Can an affidavit that is later found to contain an unintentional error be amended?▾
Yes, an amended affidavit can be submitted with an explanation for the amendment. It is advisable to correct the error as soon as it is discovered to avoid it being interpreted as a deliberate false declaration.
Can another person submit an affidavit on behalf of the person concerned?▾
Generally no; a notarized affidavit is inherently personal and requires issuance by the concerned party themselves. The exception is where the person lacks legal capacity and their guardian submits the affidavit on their behalf in accordance with legal procedures.

In Other Languages

Arabic
إقرار خطي

إفادة كتابية تحت اليمين تستخدم في الإثبات القانوني، تُقدم في القضايا العقارية، تُعتمد كدليل أمام القضاء.

English
Affidavit

Sworn written statement used in legal evidence, presented in real estate cases, accepted as evidence before judiciary.

Turkish
Yazılı Beyan

Yasal kanıtta kullanılan yeminli yazılı beyan; emlak davalarında sunulur, yargı önünde kanıt olarak kabul edilir.

Related Terms

Evidence

What is presented in dispute to prove facts, including contract, receipts, photos, witnesses, electronic correspondence, basis of ruling.

Witness

Person who witnessed the disputed event and provides testimony before judicial body, testimony considered legally valid evidence.

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