Affidavit – What is it and why is it important?

An affidavit is a written declaration made under oath. This legal form of confirmation serves as evidence in various legal matters and is often used in court proceedings or in official matters. Especially in the real estate sector in Dubai, the affidavit is of central importance in order to record certain facts and make them legally valid.

Areas of application of an affidavit in Dubai

The affidavit may be required in various situations, including

• Preservation of evidence: in the context of legal disputes, to corroborate facts.
• Ownership claims: To confirm ownership of property.
• Inheritance matters: In the distribution of assets, particularly in international contexts.

The importance of the affidavit for property transactions

In the property industry, the affidavit is of great importance, especially in property transfers. It is used to confirm that there are no further claims to the property and that the seller has the right to sell the property. A properly issued affidavit protects buyers from potential legal problems and ensures clarity of ownership.

How do you draw up an affidavit?

The following steps are necessary to create an affidavit:

1. Formulation of the declaration: the specific statement to be made under oath must be formulated clearly and comprehensibly.
2. Notarisation: The affidavit must be notarised by a notary or an authorised person.
3. Submission: Depending on the application, the affidavit must be submitted to the relevant authority or court.

Important elements of an affidavit

An affidavit should contain the following elements:

• Identification of the parties: The names and addresses of the persons submitting the affidavit (affiant) and possibly the one against whom the declaration is directed.
• Content of the declaration: A detailed description of the facts that are to be confirmed.
• Signature: The signature of the affiant, which makes the document legally binding.
• Notarisation: The date and signature of the notary who notarised the affidavit.

Illustrative example on the topic: Affidavit

Imagine Maria wants to buy a flat in Dubai. However, the seller, Mr Ahmed, has hinted during the negotiations that his ex-wife may have a claim on the property. To protect Maria, Mr Ahmed draws up an affidavit in which he declares that there are no existing claims to the property and that he is the rightful owner. This document is then notarised and submitted together with the purchase contracts. This gives Maria legal security and allows her to invest with peace of mind.

Conclusion

An affidavit is an indispensable legal instrument that is extremely important in various situations, especially in the property sector. It provides clarity and certainty in legal transactions and protects the interests of all parties involved. In transactions or legal disputes in Dubai, the affidavit should always be taken into account in order to minimise legal risks.