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A single sworn sentence can settle what a stack of ordinary papers cannot — your name, your address, your marital status, or who inherits a property. In Nepal, that sworn sentence is an affidavit, and it only works when it is sworn and sealed the right way.
An affidavit in Nepal is a written statement of fact, confirmed on oath before a licensed notary public under the Notary Public Council Act 2063. In Nepali it is called a Shapath Patra (sworn statement) or, in its self-declaration form, a Swaghoshana.
This guide explains everything about an affidavit in Nepal in 2026 — what it is, the law behind it, the different types, who can make one, the exact notarisation process, how courts treat it, and what changes when you need an affidavit for use abroad.
An affidavit in Nepal (Shapath Patra / Swaghoshana) is a written statement of fact sworn to be true by the person making it — the deponent — before a licensed notary public under the Notary Public Council Act 2063. The notary reads the statement aloud, confirms the deponent understands it, administers an oath, and signs and seals the document before two witnesses. A properly notarised affidavit is accepted by Nepali offices and carries evidentiary weight in court under the Evidence Act 2031. For use abroad, any onward government attestation is a separate step you arrange directly.
Nepal Bar Council-registered notary advocates in Kathmandu — trusted for accurate notarization and certified translation.
We draft and notarise affidavits for citizenship, immigration, property, and court use through our notary services in Kathmandu — in Nepali and English, often within a day. Get your documents notarized in Kathmandu →
What Is an Affidavit in Nepal?
An affidavit is a written statement of fact that you swear or affirm to be true. The person making it is the deponent. By swearing it before a notary, the deponent takes legal responsibility for the truth of every line — which is exactly why offices and courts trust it where an ordinary letter would not do.
Two Nepali terms matter. A Shapath Patra is the sworn-statement form, made on oath. A Swaghoshana is a self-declaration — you declare facts about yourself, such as a single name spelled two ways across documents. Both are notarised; the difference is mainly in how the statement is framed. For a plain-language explainer, see our note on the affidavit meaning in Nepali.
An affidavit does not create new rights. It records facts. That distinction keeps it honest — and it is why a false affidavit is a serious matter, not a formality.
Key takeaway: An affidavit is a fact, sworn on oath before a notary — it records the truth and binds the deponent to it, which is what gives the document its legal force.
Which Laws Govern Affidavits in Nepal?
Affidavits sit at the meeting point of two laws, and knowing both is what separates a document that holds up from one that gets rejected.
- Notary Public Council Act 2063 and the Notary Public Rules 2063 — these govern who may notarise an affidavit and exactly how it is certified. Only a licensed notary public may administer the oath and seal the statement. Our explainer on the Nepal Notary Public Council covers how notaries are licensed.
- Evidence Act 2031 — this governs how a court weighs evidence, including a sworn statement. A notarised affidavit carries evidentiary value, but a court still tests it for relevance and truth like any other evidence.
The deponent's responsibility flows from the oath itself. Swearing false facts in an affidavit exposes you to liability under Nepal's civil and criminal codes — this is not a document to treat casually.
Key takeaway: The Notary Public Council Act 2063 controls how an affidavit is sworn and sealed; the Evidence Act 2031 controls how a court treats it once made.
Types of Affidavits in Nepal
Affidavits cover a wide range of everyday and legal needs. The right one is named for the exact fact it proves — using the wrong label is a common cause of rejection.
| Affidavit Type | What It Confirms | Common Use |
|---|---|---|
| Identity affidavit | Who you are when documents differ | Name or detail mismatch across records |
| Name change / name correction | That two names refer to one person | Citizenship, academic, bank records |
| Marital status / single status | That you are unmarried, married, or divorced | Foreign marriage, immigration |
| Date of birth / birth affidavit | Your date and place of birth | Missing or conflicting birth records |
| Relationship affidavit | A family relationship between people | Citizenship, immigration sponsorship |
| Affidavit of loss | That a document was lost or destroyed | Lost citizenship, licence, certificates |
| Ownership / heirship affidavit | Ownership or inheritance of property | Property and succession matters |
| Financial support affidavit | That you will fund someone's stay or study | Student and visitor visas |
| Parental consent affidavit | Consent for a child's travel or acts | Travel of a minor, guardianship |
Two of these dominate our intake: single-status affidavits for Nepalis marrying abroad or a foreign national, and name-correction affidavits where a citizenship certificate, passport, and academic records spell one name three ways. Both are simple to fix — but only with precise wording.
Key takeaway: Name the affidavit for the exact fact it proves — identity, single status, loss, relationship, or ownership — because the receiving office matches the label to its requirement.
Who Can Make an Affidavit in Nepal?
Any competent adult of sound mind can swear an affidavit about facts within their own knowledge. The deponent must understand the statement and swear it freely — an affidavit signed without understanding, or under pressure, is open to challenge.
You can only swear to what you actually know. An affidavit of fact should rest on the deponent's direct knowledge, not on guesswork or hearsay. For a minor or a person who cannot act for themselves, a parent or legal guardian typically makes the statement on their behalf.
Foreign nationals in Nepal can also make affidavits. Where the content is in another language, it should be accompanied by a certified translation in Nepal so the notary and the receiving office can read it.
Documents Required for an Affidavit
An affidavit is light on paperwork but exact about identity. You will generally need:
- The deponent's citizenship certificate, or passport for a foreign national
- The drafted affidavit stating the facts clearly and precisely
- Supporting documents that back the facts — for example, the lost document's number for an affidavit of loss, or both spellings for a name-correction affidavit
- Two witnesses where the notarisation requires them
The supporting documents matter more than people expect. A name-correction affidavit is far stronger when it attaches the citizenship, passport, and certificate showing the variations. Our legal document drafting service prepares the statement so it states exactly what the receiving office needs to see.
How an Affidavit Is Notarised in Nepal: Step-by-Step
This is the part most online guides skip — and it is the part that makes the affidavit valid. The notary public follows a set procedure under the Notary Public Council Act 2063.
Step 1: Draft the Statement
The affidavit is drafted in clear, specific language — in Nepali, English, or both — stating each fact the deponent swears to. Vague wording is the most common reason an affidavit is bounced.
Step 2: Apply to a Licensed Notary
The deponent presents the affidavit and identity documents to a licensed notary public, who registers the application in the document certification register.
Step 3: The Notary Reads the Statement Aloud
The notary reads out the statement and confirms the deponent understands it. This step protects the deponent and is a distinctive part of Nepal's notarial procedure.
Step 4: The Deponent Signs Before Witnesses
The deponent signs the affidavit. Two witnesses verify the affidavit and the notarisation, and a memo of the act is prepared and kept on file by the notary.
Step 5: The Notary Administers the Oath, Signs, and Seals
Because it is an affidavit — and especially where it is bound for a court or office — the notary administers an oath to the deponent, then signs and seals the document. That seal is what makes the affidavit acceptable.
Need this handled without a wasted trip? Send your affidavit details to our notary in Kathmandu →
Key takeaway: A Nepali affidavit is not just signed and stamped — the notary reads it aloud, takes two witnesses, administers an oath, and seals it, and skipping any step risks rejection.
Are Affidavits Accepted as Evidence in Court?
Yes — a notarised affidavit is widely used in Nepali proceedings, from family matters to property disputes. But it is not automatically conclusive. Under the Evidence Act 2031, a court weighs an affidavit alongside other evidence and tests it for relevance and truth.
That is why a careful affidavit matters. A statement that is precise, supported by documents, and free of exaggeration carries far more weight than a sweeping one. For statements specifically framed as sworn testimony, see our note on the sworn meaning in Nepali.
Key takeaway: A notarised affidavit is strong evidence under the Evidence Act 2031, but a court still tests it — accuracy and supporting documents are what give it weight.
Affidavits for Use Abroad
Many affidavits we prepare are bound for an embassy, a university, or an immigration office overseas — single-status declarations, financial-support affidavits, and relationship affidavits especially. The drafting and notarisation happen in Nepal exactly as above.
What changes is the step after notarisation. If the receiving country or authority requires onward government attestation, or an apostille where applicable, that is a separate step you arrange directly with the relevant authority — it is not part of notarisation. We notarise the affidavit and provide a certified translation and verification where the document must be read in another language. For the wider cross-border workflow, see our guide on documents notarised and translated for international use.
One practical point: many foreign authorities want a recent affidavit — often dated within three to six months. Check the receiving office's requirement before you swear it, so you do not have to repeat the process.
Key takeaway: We draft, notarise, and translate the affidavit in Nepal; any onward attestation or apostille for foreign use is a separate step you arrange directly with that authority.
Common Mistakes to Avoid
In our experience drafting and notarising affidavits in Kathmandu, the same errors send people back to the start:
- Vague wording — a loose statement that does not clearly prove the fact the office needs.
- No supporting documents — a name-correction or loss affidavit with nothing attached to back it.
- Swearing facts you do not know — an affidavit must rest on the deponent's own knowledge.
- An out-of-date affidavit — using an old one where the authority wants a recent date.
- Using an unlicensed notary — only a notary licensed under the Notary Public Council Act 2063 can validly administer the oath and seal.
Key takeaway: Be specific, attach supporting documents, swear only what you know, keep the affidavit current, and use a licensed notary — these prevent almost every rejection.
How Long Is an Affidavit Valid in Nepal?
An affidavit does not expire by law — the facts it states remain sworn. In practice, validity is set by the receiving authority. A court may accept an affidavit made years ago if the facts still hold, while an embassy or university often insists the affidavit be recent.
The safe approach is to make the affidavit close to when you need it, and to confirm any date requirement with the office that will receive it. If your circumstances change — a marriage, a corrected record — the old affidavit no longer reflects the truth and should be remade.
Conclusion: A Small Document That Has to Be Exact
An affidavit looks simple, and that is the trap. Its power comes entirely from being sworn correctly — precise facts, the deponent's own knowledge, two witnesses, an oath, and the seal of a licensed notary. Get those right and a single page settles a question that paperwork alone cannot.
That precision is the work we do every day. We draft affidavits and sworn statements for citizenship, immigration, property, court, and study abroad, notarise them under the Notary Public Council Act 2063, and translate them for cross-border use — worded to be accepted the first time.
If you need an affidavit sworn and sealed correctly, talk to our notary advocates about your affidavit — most are drafted, notarised, and ready within a day. Get your affidavit notarized in Kathmandu →
Reviewed by: The Legal Team at Notary Kathmandu — Nepal Bar Council registered advocates
Last reviewed: April 2026
This article is for informational purposes only and does not constitute legal advice, advertisement, or solicitation. Notary Kathmandu and its team are not liable for any consequences arising from reliance on this information. For legal advice, please contact us directly.
Frequently Asked Questions
An affidavit in Nepal is a written statement of fact, sworn to be true by the deponent before a licensed notary public.
Yes. An affidavit must be sworn and sealed by a licensed notary public to be accepted by offices and given weight in court.
An affidavit is called a Shapath Patra (sworn statement), or a Swaghoshana when it is a self-declaration of facts about yourself.
Common affidavits in Nepal include identity, name change or correction, marital or single status, date of birth, relationship, loss of documents, ownership or heirship, financial support, and parental consent. Each is named for the specific fact it proves, and the receiving office matches that label to its requirement.
Draft the statement clearly, then take it with your citizenship or passport to a licensed notary public. The notary registers it, reads the statement aloud, takes your signature before two witnesses, administers an oath, and signs and seals the document. It is then ready for the receiving office.
Any competent adult of sound mind can swear an affidavit about facts within their own knowledge. Foreign nationals in Nepal can also make affidavits. For a minor or someone unable to act for themselves, a parent or legal guardian usually makes the statement on their behalf.
You need the deponent's citizenship certificate or passport, the drafted affidavit, and any documents that support the sworn facts — such as both name spellings for a name correction, or the reference number of a lost document. Two witnesses are involved where the notarisation requires them.
A notarised affidavit is widely used as evidence in Nepali courts, but it is not automatically conclusive. Under the Evidence Act 2031, the court weighs it alongside other evidence and tests it for relevance and truth, so accuracy and supporting documents matter.
A single status affidavit is a sworn declaration that you are unmarried. It is commonly required when a Nepali marries abroad or marries a foreign national, and when an immigration authority needs proof of marital status. It must be notarised, and many foreign authorities want it recently dated.
Yes, but notarisation is only the first step. If the receiving country requires onward government attestation or an apostille, that is a separate step you arrange directly with the relevant authority. A certified translation should be attached where the affidavit must be read in another language.
Swearing false facts in an affidavit is a serious matter. The deponent takes legal responsibility for the truth of the statement under oath, and a false affidavit can expose you to liability under Nepal's civil and criminal codes, as well as having the document rejected or set aside.
An affidavit does not expire by law — the sworn facts stand. In practice, validity depends on the receiving authority. Courts may accept an older affidavit if the facts still hold, while embassies and universities often require one dated within the last three to six months.
Both are notarised statements of fact. An affidavit (Shapath Patra) is sworn on oath and used where formal sworn proof is needed, including court. A self-declaration (Swaghoshana) declares facts about yourself for administrative purposes. The framing differs, but both require notarisation to be accepted.
Two witnesses are generally involved to verify the affidavit and its notarisation. The notary also keeps a memo of the act on file. This witnessing, along with the oath the notary administers, is part of the certification process under the Notary Public Council Act 2063.
Yes. A foreign national in Nepal can make an affidavit before a licensed notary using their passport for identity. Where the content is in another language, a certified translation should accompany it so the notary and the receiving office can read and verify the statement.
