Stamp Paper vs Affidavit: Understanding the Difference

August 28, 2025

Legal documentation often involves two important terms: Stamp Paper and Affidavit. Many people confuse them, assuming they mean the same. However, both serve very different purposes in legal and administrative processes. Whether you are preparing a rent agreement, name change declaration, or applying for a scholarship, it is important to understand the difference between these two.

In this blog, we will explain what stamp paper is, what an affidavit is, their uses, and how they are connected yet distinct from each other.

What is Stamp Paper?

Stamp Paper is a special type of paper issued by the government and used to record legal transactions. When you buy stamp paper and execute an agreement or declaration on it, you are essentially paying a stamp duty (a form of tax) to the government.

Key Points about Stamp Paper:

Issued by the government through authorized vendors or online portals.
Used to validate contracts, deeds, and affidavits.
The value of stamp paper depends on the type of transaction (e.g., ₹10, ₹50, ₹100, ₹500, etc.).
Commonly used for agreements, affidavits, power of attorney, sale deeds, and other legal documents.

In short, stamp paper is the legal medium on which certain documents must be written to make them enforceable in court.

What is an Affidavit?

An Affidavit is a written sworn statement of facts, declared by a person (called the deponent) and attested by a notary public or magistrate. It is not just a document—it is a declaration under oath that the information provided is true.

Key Points about an Affidavit:

A legal declaration of facts.
Must be signed by the deponent (person making the declaration).
Needs attestation by a notary or magistrate to be valid.
Used for various purposes such as name change, proof of residence, single girl child benefits, birth certificate corrections, etc.

So, while an affidavit is a statement of truth, the stamp paper is the medium on which this truth is declared.

Stamp Paper vs Affidavit: The Difference

Let’s understand the difference more clearly:

Aspect	Stamp Paper	Affidavit
Definition	Government-issued paper used for legal transactions	Sworn statement of facts made by an individual
Purpose	Ensures validity of legal documents and collects stamp duty (tax)	Provides proof of facts declared under oath
Nature	A medium (paper)	A document (content)
Mandatory?	Required for many legal documents (agreements, affidavits, deeds)	Required when facts need to be formally declared
Authority	Issued by government	Attested by notary/magistrate
Examples	Sale deed on ₹500 stamp paper, rent agreement on ₹100 stamp paper	Name change affidavit, single girl child affidavit, residence proof affidavit

In simple terms:

Stamp Paper = Paper (legal medium)
Affidavit = Content (statement on oath)

Both together make a valid and enforceable declaration.

When Do You Need a Stamp Paper?

Stamp papers are required in situations where legal enforceability is essential, such as:

Rent agreements
Sale deeds or property transactions
Partnership deeds
Affidavits for legal purposes
Power of Attorney
Business agreements

The value of the stamp paper depends on state laws and the nature of the transaction.

When Do You Need an Affidavit?

An affidavit is required when you need to declare facts under oath. Some common uses include:

Name change affidavit (for Gazette notification, passport, etc.)
Single girl child affidavit (for scholarship benefits)
Address proof affidavit (for official records)
Age declaration affidavit (for school, college, or government applications)
Marriage affidavit (for visa or legal records)

In most cases, these affidavits are executed on stamp paper of a specific value, depending on the requirement.

The Connection Between Stamp Paper and Affidavit

Although they are different, stamp paper and affidavit are interconnected. An affidavit becomes legally valid only when it is drafted on appropriate non-judicial stamp paper and attested by a notary.

For example:

If you are making a name change affidavit, you must draft it on ₹10 or ₹20 non-judicial stamp paper.
If you are declaring yourself as the parent of a single girl child, the affidavit will also be on stamp paper.

Thus, while stamp paper provides the legal medium, the affidavit provides the declaration of facts.

Importance of Using the Correct Stamp Paper Value

Different affidavits and agreements require different stamp paper values. Using the wrong denomination can make the document invalid. For example:

A simple affidavit may require ₹10 or ₹20 stamp paper.
Rent agreements often require ₹100 or higher, depending on the state.
Property-related documents may require higher denominations (₹500, ₹1000, or more).

Hence, always check the state-specific stamp duty laws before executing any affidavit.

Common Mistakes People Make

Confusing affidavit with stamp paper – Many think affidavit itself is stamp paper, which is not true.
Using plain paper – An affidavit not executed on stamp paper may not be legally valid.
Not attesting properly – Without notary/magistrate attestation, the affidavit has no legal standing.
Incorrect value of stamp paper – Using a wrong denomination can cause rejection of the document.

Conclusion

Both Stamp Paper and Affidavit are essential elements of legal documentation, but they are not the same. Stamp paper is the government-issued medium on which legal documents are executed, while an affidavit is a sworn declaration of facts.

To make an affidavit valid, it must be drafted on stamp paper of appropriate value and attested by a notary or magistrate. Understanding this distinction ensures that your documents hold legal validity and are accepted by authorities.

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