The Affidavit of Settlement is a crucial legal instrument in Pakistan's dispute resolution framework, combining the elements of a sworn statement with a settlement agreement. This document type is typically used when parties wish to formally document the resolution of their disputes with the added weight of a sworn statement. It must be executed before an Oath Commissioner and requires compliance with various Pakistani laws including the Oaths Act 1873 and Contract Act 1872. The document includes detailed information about the parties, the nature of the dispute, terms of settlement, and necessary declarations and verifications. An Affidavit of Settlement can be used in various contexts, from commercial disputes to personal matters, and may be required for court proceedings or serve as a standalone resolution document. Its sworn nature adds an extra layer of solemnity and legal consequence to the settlement terms.
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1. Title and Verification: States the document type and includes the deponent's verification details including name, age, religion, occupation, and complete address
2. Oath Declaration: Formal declaration that the statements are being made under oath and are true and correct
3. Parties Identification: Complete details of all parties involved in the settlement, including their legal capacity
4. Background of Dispute: Chronological narrative of the dispute or matter being settled, including relevant dates and events
5. Settlement Terms: Detailed description of the settlement agreement reached between parties
6. Consideration: Details of any payment or consideration involved in the settlement
7. Release Clause: Statement releasing parties from future claims related to the settled matter
8. Declaration of Free Consent: Statement that the settlement is being made voluntarily without any coercion
9. Verification Clause: Final verification stating that contents are true and correct to the best of knowledge
10. Execution Block: Space for signature, date, and oath commissioner's attestation
1. Payment Schedule: Include when settlement involves installment payments or multiple financial transactions
2. Property Description: Required when settlement involves transfer or division of property
3. Confidentiality Clause: Include when parties agree to keep settlement terms confidential
4. Jurisdiction Clause: Include when specifying which courts will have jurisdiction over any future disputes
5. Witness Details: Include when additional witnesses are attesting to the settlement
6. Time-bound Conditions: Include when settlement has specific deadlines or time-dependent conditions
7. Force Majeure: Include when settlement implementation might be affected by unforeseen circumstances
1. Schedule A - Payment Details: Detailed breakdown of settlement amounts and payment terms
2. Schedule B - Property Documents: Copies of relevant property documents or titles involved in settlement
3. Schedule C - Previous Proceedings: List of any court proceedings or legal notices related to the dispute
4. Appendix 1 - Supporting Documents: Copies of relevant correspondence, notices, or other supporting documents
5. Appendix 2 - Identity Proofs: Copies of identity documents of all parties
6. Appendix 3 - Authority Documents: Power of attorney or other authority documents if applicable
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