Is your affidavit for an Indian court written in Hindi? Signing it in Australia

By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.

Example: the situation

Ramesh lives in Quakers Hill and is a witness in a civil case in Uttar Pradesh. His advocate sends him an affidavit in Hindi to sign in Australia. Ramesh reads Hindi well, but he wonders whether a notary here can deal with a document that isn't in English.

Plenty of documents for courts in India are written in Hindi or a regional language, depending on the court and the state. If you must sign it in Australia, the language doesn't stop you having it notarised. What matters is that you understand exactly what you're signing, swearing or affirming. Let's discuss this in further detail.

Can our notary notarise an affidavit that isn't in English?

Yes, in most cases. Our notary's certificate confirms who you are and that you signed in front of the notary. It doesn't verify the contents of your affidavit, so the document itself can be in the language the court uses.

It's up to you to be satisfied with the contents as signing generally means that you have read the document, you have understood the document, and you have adopted the contents of the document as your truth.

Who decides the language of your affidavit for India?

The court and your advocate decide the affidavit's language, and if not in English, whether an English version/translation is needed as well. If you'd rather have the affidavit in English, you must ask your advocate. Do this before making an appointment.

If you don't read the language well yourself, ask your advocate to explain every paragraph, or bring your own interpreter to the appointment. We don't provide interpreters or translations.

Does your affidavit require a separate notary certificate?

Our notary will provide a notary certification for your affidavit. This usually means stamping the signing page to confirm that you signed it in their presence and that they witnessed your signature and verified your identity using your identity document (eg, your passport). In some cases, advocates in India have asked us to provide a separate notary certificate and bind it to the affidavit with ribbon. It's not always required, but if your advocate asks for it, we can do this for a separate fee.

Does a Hindi affidavit need an apostille for the court?

The language makes no difference to the apostille. What counts is that the affidavit is going to a court in India and that India and Australia are both members of the Apostille Convention. A court may require your notarised affidavit to also have an apostille. If your advocate isn't sure, it's safer to get one now and avoid the extra cost and delay of doing it later.

A court may sometimes want attestation from the Indian High Commission or Consulate. That's a different matter from the apostille, and one we'll explain in a later article.

Once your affidavit is notarised, we can arrange the apostille through the Department of Foreign Affairs and Trade (DFAT).

What to bring to your appointment

  • The affidavit, printed and unsigned, in the language your advocate has prepared it in. It's important that your affidavit is ready to be signed. We cannot provide any advice on it and we can't make changes to it.
  • Your passport or other current Australian photo ID.
  • Your advocate's email about signing, page initials and the apostille.

What next?

Example: the solution

Ramesh read the affidavit through and asked his advocate about one paragraph before booking. At the appointment, he told our notary what the affidavit said, then affirmed and signed it. We arranged the apostille, and Ramesh collected the finished affidavit from our office and sent it to his advocate in Uttar Pradesh.

Signing an affidavit in Hindi or another Indian language? Send us the details for a quote, or chat on WhatsApp.

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This blog is maintained by Phang Legal, a boutique law firm with offices in Parramatta and Rouse Hill. We help clients from across Sydney and beyond with personal, professional and timely Legal Services, Notary Services and Apostille Services.

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About the author

Ern Phang, solicitor and notary public

Ern Phang — Solicitor & Notary Public

This article was written by Ern Phang, a director of Phang Legal, a solicitor since 1998 and a notary public since 2005.

Ern has been a member of the Society of Notaries of NSW since 2005, a Fellow of the Australian and New Zealand College of Notaries since 2013, and a member of the Law Society of New South Wales since 1998.

Ern regularly writes about his experiences as a notary public and the practical issues his clients face when sending documents from Australia to India and other countries all over the world.

Using information in this article
This article provides general information. Requirements, forms, fees and service arrangements may have changed since its original publication. Check the receiving organisation’s current requirements and obtain advice relevant to your circumstances.

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