One and Same Person Affidavit Guide: Reconciling Name Mismatches | KAAGZAAT

What is a 'One and Same Person' Affidavit?

A One and Same Person Affidavit (also known as an Affidavit of Dual Identity or Identity Harmonization Declaration) is a formal sworn statement executed on non-judicial stamp paper. It legally establishes that multiple spelling variations, initial abbreviations, or compound formats across different historical documents all refer to the identical human being.

Unlike a formal Name Change Affidavit (which seeks to abandon an old name in favor of a new one), this declaration affirms that the deponent has been known interchangeably by these variations and affirms their shared legal identity without relinquishing past records.

When is This Affidavit Used in India?

• EPFO & Gratuity Settlements: When an employee's Provident Fund record displays 'R. K. Verma' while their bank account and Aadhaar display 'Ramesh Kumar Verma'.
• Life Insurance & Bank Claims: When a policyholder's name or nominee's name on a policy bond slightly differs from their official death certificate or legal heir certificate.
• Foreign Credential Evaluations (WES / US Visas): When Indian university transcripts feature an expanded surname that does not appear identically on the student's passport.
• Ancestral Property Registration: When ancestral revenue land records (Khata/Jamabandi) list an elder relative's name with informal colloquial terms not found on modern identity cards.

Essential Clauses for Legal Enforceability

To withstand administrative scrutiny, the affidavit must explicitly include:

1. The deponent's full identity, parentage, age, and permanent address.
2. An itemized schedule cross-referencing each specific document number with the exact spelling found on that document.
3. An unequivocal affirmative statement that 'Name Variant A' and 'Name Variant B' are one and the same person.
4. An indemnity clause undertaking full personal liability for any misstatement under Sections 199 and 200 of the Indian Penal Code (or Bharatiya Nyaya Sanhita).

Magistrate vs Notary Attestation Requirements

For private sector employment, bank KYC, and foreign credential evaluations, attestation by an active Notary Public on ₹10 to ₹100 stamp paper is standard. However, for property registry sub-registrars, court succession matters, or defense service pensions, attestation before a First Class Judicial Magistrate or Executive Magistrate (Tahsildar / SDM) may be required.