Does your whole family need to give affidavits for a court case in India?

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

Example: the situation

Manoj, his wife Deepa and their two children live in Liverpool. A relative in Kerala is defending a case over the family home, and the lawyer in India asks all four of them for affidavits supporting her. Their son is 20, but their daughter is only 16.

Court cases in India over family property or family relationships often need evidence from several relatives at once. When those relatives live in Australia, your lawyer in India may send a set of affidavits, one for each person, and ask for them all to come back notarised. It's simple enough to organise, but a few rules apply to each person individually. Let's discuss this in further detail.

Who decides which family members give affidavits for the case in India?

The lawyer in India running the case decides whose evidence is needed and what each affidavit says. Any questions should be directed to your lawyer in India.

Each person signing should read their own affidavit carefully. If you're signing an affidavit, you're swearing or affirming that it's true and therefore whatever it says must reflect what you know and what you are willing to state as the truth.

We don't prepare the affidavits or advise on the case in India. Our notary only verifies the identity of each, administers the oath or affirmation, witnesses each signature and then notarises each affidavit separately.

Can your family sign the affidavits together at one appointment?

Yes, family members can usually come in together, and it's often the easiest way. But each person signs only their own affidavit, in front of our notary, with their own photo identification. Nobody can sign for a husband, wife, parent or child who isn't there.

For most of our clients in this position, the practical points are:

• Identification for everyone. Each adult brings a passport, or an Australian driver licence or photocard if they don't have one.
• One affidavit per person, printed and unsigned, with that person's details checked before the appointment.
• Book for the whole group. Tell us how many people are signing, so the appointment allows enough time. Each affidavit is a separate notarisation, so the fee reflects the number of affidavits (and the length, and content).

Can a child under 18 give an affidavit for an Indian court?

Not before our notary. We don't take affidavits or statutory declarations from anyone under 18, because a sworn statement isn't something a minor child can legally give in Australia. A teenager might be able to sign some other documents before our notary (who verifies their identity and their signature), but a sworn affidavit isn't one of them.

If your lawyer in India has prepared an affidavit for a child, tell them before you book an appointment with our office. They may need to reassess whether they can submit something else instead of an affidavit for a child

Do the family affidavits each need an apostille?

Each affidavit is a separate notarised document, so where the court requires an apostille, each one gets its own. As Apostille Convention members, India and Australia use the apostille to prove a notary's signature and seal, and courts in India generally know to expect it.

Sometimes a court office asks for Indian High Commission or Consulate attestation too. It's a different route, and we'll deal with it in a separate article.

We lodge the notarised affidavits with the Department of Foreign Affairs and Trade (DFAT) together, so they're ready to send at the same time.

What to bring to your appointment

• Every adult's affidavit, printed and not yet signed.
• Any annexures attached to the affidavit. Some affidavits will require other documents to be attached, and sometimes those additional documents require separate attestations.
• Photo identification for each person signing.
• Originals of any documents the affidavits refer to, if copies must be notarised.
• Your lawyer's email listing who signs what.

How do the affidavits get to the court in India?

Example: the solution

Manoj told the lawyer in India that his daughter couldn't give an affidavit before a notary in Australia, and they went ahead with three. Manoj, Deepa and their son came in together, and each swore or affirmed and signed their own affidavit in front of our notary. After DFAT apostilled all three, we couriered them in one envelope to the relative's lawyer in Kerala.

Have affidavits for more than one person? Get a quote for the family, or send a message on WhatsApp.

About Us

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.

As a leading provider of notary services in Sydney, we have 1k+ Google Reviews (4.9) (updated July 2026) with many clients happy to share their experience in using our services.

Phang Legal — Parramatta
6/83 George Street
Level 3, 87 Marsden Street (from 1 March 2026)
Parramatta NSW 2150

Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155

Call 02 9687 8885 | WhatsApp | Request quote

About the author

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.

Has an office in India asked for your Australian citizenship certificate?

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

Example: the situation

Rohit became an Australian citizen three years ago and lives in Kellyville. A government office in Gujarat, updating his records, asks for proof of his Australian citizenship with an apostille. He has only one Australian citizenship certificate and doesn't want to part with it.

Once you become an Australian citizen, VFS in Australia or offices in India may need to see proof of it. For example, you may be required to provide proof of your Australian citizenship if you are applying to be an Overseas Citizen of India (OCI), or when you need to update your records or deal with property or accounts in Australia. Your citizenship certificate is that proof. Before you send it anywhere, it's worth knowing that you usually don't have to send your original Australian citizenship certificate. Let's discuss this in further detail.

Will the office in India accept a copy of your citizenship certificate?

In most cases, whether it's VFS or any other office, they usually don't require you to send the original certificate. It's an Australian document anyway, and more important as proof of your citizenship in Australia rather than proof elsewhere that you're an Australian citizen.

If someone is asking you for your citizenship certificate, ask them whether they require the original or whether a notarised copy will do. Many offices haven't thought about it until you ask.

For most of our clients, the request ends up being one of these:

• A notarised copy. Our notary sees the original certificate and certifies a copy, and the original goes home with you.
• A notarised copy with an apostille. We arrange the apostille on the notarised copy, so your certificate stays untouched.
• The original with an apostille. Possible, but rarely the best choice, for the reasons below.

Why is an apostille requested for an Australian citizenship certificate?

India and Australia are both signatories to the Apostille Convention. An apostille from the Department of Foreign Affairs and Trade (DFAT) is the recognised way for an official in India to accept an Australian document without checking it with Australia. Government offices and courts tend to ask for it. A private recipient may not.

If the office prefers attestation from the Indian High Commission or Consulate, that is its own procedure, which a future article will cover.

Should you put an apostille on your original citizenship certificate?

We can arrange for DFAT to issue an apostille on your original Australian citizenship certificate, but we don't recommend it. Your citizenship certificate records a status you hold for life, and you may need it again for passports, records or family matters in Australia.

Once your citizenship certificate has been issued with an apostille and sent overseas, it's rarely returned. Even if it comes back, the apostille usually means it's a single use document, and once marked with the apostille it might not be accepted for other purposes. Accordingly, if whoever you're sending it to will accept a notarised copy with apostille, then we recommend doing that.

If you still want the apostille on your original Australian citizenship certificate, be aware that it might not be possible if your certificate is torn, faded or laminated. You should advise us when you book an appointment. A less-than-perfect original carries a real risk of rejection by DFAT, which is one more reason to apostille a notarised copy instead.

What to bring to your appointment

• Your original Australian citizenship certificate.
• Your passport or Australian driver licence, so our notary can identify you.
• The office's request, showing whether it wants an apostille.
• A colour copy of the certificate, only if the office insists on colour. Otherwise we make the copy for you.

What next?

Example: the solution

Rohit checked with the office in Gujarat, which confirmed it would accept a notarised copy with an apostille. Our notary certified a copy of his Australian citizenship certificate, and we arranged the apostille with DFAT. Rohit collected the documents from our office and posted them to India himself, and he kept his original Australian citizenship certificate safe and unmarked.

Need your Australian citizenship certificate ready for India? Request a quote today, or contact us on WhatsApp.

About Us

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.

As a leading provider of notary services in Sydney, we have 1k+ Google Reviews (4.9) (updated July 2026) with many clients happy to share their experience in using our services.

Phang Legal — Parramatta
6/83 George Street
Level 3, 87 Marsden Street (from 1 March 2026)
Parramatta NSW 2150

Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155

Call 02 9687 8885 | WhatsApp | Request quote

About the author

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.

Do you own property in India jointly? Signing one power of attorney together in Australia

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

Example: the situation

Priya and Sanjay live in Castle Hill and own a flat in Hyderabad together. They want Sanjay's brother to find a tenant and sign the lease for them. Their lawyer in Hyderabad prepares one power of attorney naming them both, and asks them to sign it in Australia.

Many couples and siblings own property in India together. When the owners live in Australia and want a relative to act for them, the lawyer in India will often prepare one power of attorney for all of the owners to sign. That's convenient, but it means every owner must go through the same formalities in Australia. Let's discuss this in further detail.

Does every joint owner have to sign the power of attorney for India?

Your lawyer in India decides who must sign and in what capacity, so follow their instructions. If the lawyer names each of you as a principal, each of you must sign, and our notary must identify each of you and witness each of you sign.

Nobody can sign on behalf of the other owner, even a spouse. Signing a document in front of a notary needs the person to be there, with their own photo identification. If one of you is overseas or interstate at the time, tell us when you book, and ask your lawyer in India whether separate documents would work better (ie, they would have to sign in front of a notary wherever they are).

Do all the owners have to sign the power of attorney at the same time?

Legally, no. Owners can sign the same power of attorney at different times (or at different appointments). However, recording that different owners came at different times can create complications and more work in terms of witnessing and notarising. This might mean a different cost.

Do all the owners have to sign the power of attorney in front of the same notary?

Legally, no. Each owner should sign in front of a notary, but it doesn't have to be the same notary. However, your lawyer should guide you as to what's recommended. If owners live in different places where it's not practical to all sign together, then your lawyer in India will advise you what to do. It might mean each owner has to sign their own document.

Different owners signing in front of different notaries but on the same power of attorney can create other complications, especially if your power of attorney requires an apostille.

What will your lawyer in India want from each owner?

For most of our clients signing jointly, their lawyer asks for some of the following, from each person:

• A signature on every page, or only at the end. Your lawyer chooses, and you both follow the same instruction. Signing every page takes longer and can add to the cost.
• Photographs and thumb impressions. If the power of attorney is to be registered, section 32A of India's Registration Act 1908 may require a photograph and fingerprint from each person who signs. Your lawyer will tell you where they go. A separate 32A form for each owner is an additional notarial fee.
• A notarised passport copy for each owner. We copy the passport in black and white at our office, or you can bring a colour copy for our notary to compare.
• Witnesses. If the lawyer wants additional witnesses, they come to the appointment with their own photo identification. We can, but usually don't supply witnesses (it costs extra).

Indian stamp paper isn't available here, so check that your lawyer is happy for you to sign on plain A4 paper.

Does a jointly signed power of attorney need an apostille?

Usually, yes, and having two signatures on it doesn't change that. Because India and Australia have both joined the Apostille Convention, that is how a registration office or bank in India knows our notary is genuine. Notarisation alone used to be enough for many powers of attorney, but recipients in India now ask for the apostille more often.

A few recipients in India still ask for attestation by the Indian High Commission or Consulate. That's handled differently, and we'll explain it in another post.

After both of you have signed, we take the power of attorney to the Department of Foreign Affairs and Trade (DFAT) for the apostille.

India Power of Attorney: Signing, Notarisation and Sending Process

This flowchart explains how to sign and notarise a Power of Attorney in Australia for use in India, including when an Apostille or Indian Consulate attestation is needed.

1. Get the Power of Attorney from your lawyer in India, or ask them for instructions if you do not have it yet.
2. Sign the Power of Attorney in front of the notary public, who witnesses your signature and notarises the document.
3. If Indian Consulate attestation is not required but an Apostille is, the notary arranges the Apostille from the Department of Foreign Affairs and Trade (DFAT).
4. If Indian Consulate attestation is required and you are an Indian citizen, send the Power of Attorney to VFS for attestation; if you are not an Indian citizen, the notary first arranges an Apostille from DFAT.
5. Send the completed Power of Attorney to your lawyer in India.

What to bring to your appointment

• The power of attorney, printed once and signed by nobody yet.
• A passport for each owner, or other current photo identification if a passport isn't available. Our notary has to identify each of you before witnessing either signature.
• Two photographs each, if your lawyer has asked for them.
• Your lawyer's signing instructions, so both of you sign in the same places.

What next for your joint power of attorney?

Example: the solution

Priya and Sanjay came to their appointment together with their passports and photographs. Each of them signed and placed a thumb impression in front of our notary, who notarised the power of attorney and copies of both passports. Once the apostille was on, we couriered the document to their lawyer in Hyderabad, and Sanjay's brother signed the lease for them.

Signing a power of attorney with someone else? Ask for a quote online, or message our team on WhatsApp.

About Us

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.

As a leading provider of notary services in Sydney, we have 1k+ Google Reviews (4.9) (updated July 2026) with many clients happy to share their experience in using our services.

Phang Legal — Parramatta
6/83 George Street
Level 3, 87 Marsden Street (from 1 March 2026)
Parramatta NSW 2150

Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155

Call 02 9687 8885 | WhatsApp | Request quote

About the author

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.

Found a mistake in your affidavit for an Indian court after signing it?

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

Example: the situation

Vikram signed an affidavit for a property case in Delhi at our office last month. Before it was posted, his lawyer in India noticed that the affidavit gave the wrong survey number for the land. The lawyer asks whether Vikram can simply cross it out and write the right number in.

Affidavits for court cases in India often go through several drafts, and it's easy for a wrong date, a misspelt name or an outdated detail to slip through. If the mistake is found after you've signed in front of a notary, the fix is rarely as simple as a pen and some initials. Let's discuss this in further detail.

Can you change an affidavit for an Indian court BEFORE our notary has notarised it?

Yes, check with your lawyer in India about the process for making changes or amendments. Sometimes it's as simple as making a correction and then reprinting the document. However, if the document has already been printed (especially if it's been printed on stamped paper or some other special kind of paper that's not easily replaced), then you might need to make hand amendments. Again, check with your lawyer in India before doing anything.

Can you change an affidavit for an Indian court once our notary has notarised it?

Not yourself. Your lawyer decides whether the error matters and how the court wants it corrected, and their instructions are the ones to follow. But once your signature has been witnessed and the affidavit notarised, any handwritten change or replaced page would no longer be the document our notary saw you swear or affirm.

In practice, this means the corrected affidavit must be printed afresh and signed in front of our notary again. We can't recreate a signing that happened on an earlier day from our records. Our notary certificate (or a notarial certificate) confirms that you signed in our presence on that date, and nothing else will do.

What if the apostille is already on the affidavit?

India and Australia are both parties to the Apostille Convention. This means documents from Australia but sent to India should have an apostille to be accepted or recognised as being official. If your affidavit already has an apostille, and it must be changed, it's likely you will need to go through the process again.

When the replacement is ready, we take care of the apostille with the Department of Foreign Affairs and Trade (DFAT), the same way we did for the original affidavit.

How can you avoid signing your affidavit twice?

For most of our clients, a second appointment is avoidable, and it's worth avoiding: it means a second fee, and a second apostille if the first affidavit already had one. Accordingly, we generally recommend either:

• send the final draft to your lawyer and ask them to confirm, in writing if possible, that it's ready to be signed; or
• after notarisation, photograph the completed affidavit at our office and send the pictures to your lawyer before we lodge it with DFAT.

Check names, dates, addresses, case numbers and property descriptions especially carefully. A single wrong digit in any of them can be enough to send you back for another appointment.

What to bring to your appointment

• The corrected affidavit, printed in full and unsigned. Don't reuse pages from the earlier version.
• The same photo identification you used last time, ideally your passport.
• The earlier affidavit, if it hasn't already been sent to India, so it isn't confused with the new one.
• Your lawyer's confirmation that the new version is final.

What next for your corrected affidavit?

Example: the solution

Vikram's lawyer sent a corrected affidavit, and Vikram came back to affirm and sign it in front of our notary. He photographed the notarised pages and sent them to his lawyer, who confirmed they were right. We then arranged the apostille and couriered the affidavit to Delhi, where it reached his lawyer in time for the next hearing.

Need an affidavit for India signed again? Request your quote, or reach out on WhatsApp.

About Us

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.

As a leading provider of notary services in Sydney, we have 1k+ Google Reviews (4.9) (updated July 2026) with many clients happy to share their experience in using our services.

Phang Legal — Parramatta
6/83 George Street
Level 3, 87 Marsden Street (from 1 March 2026)
Parramatta NSW 2150

Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155

Call 02 9687 8885 | WhatsApp | Request quote

About the author

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.

Do you receive a pension from India? Getting a life certificate signed in Australia

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

Example: the situation

Lakshmi retired from a government job in Chennai and now lives with her daughter in Westmead. Her pension is paid into a bank account in India, and the bank has written to say it needs a life certificate from her, or the payments may stop.

If you receive a pension from India, the paying bank or pension office will want regular proof that you're still alive. That proof is a life certificate. When you live in Australia, you can't walk into the branch in India to show yourself, so you'll usually sign the certificate in front of someone here who can vouch for you. Let's discuss this in further detail.

Who decides which life certificate form you sign for a pension in India?

The bank or pension office paying you decides. It's not up to us. It may send you its own form, tell you to download one, or accept a certificate in a particular format. It also decides who can sign as the witness, how often it needs a new certificate and whether it must be sent with anything else.

Ask the bank or pension office for its instructions in writing if you can, so that you bring exactly the right form to your appointment. We don't prepare life certificates, and we can't tell you what a pension office in India will accept.

Many of our clients receive forms that are supposed to be signed by a doctor. But most recipients in India will ask for it to be notarised instead.

What does our notary do with your life certificate?

A life certificate is one of the simplest documents we see. Our notary confirms who you are from your photo identification, sees that you're present in person (which is the whole point of the certificate), witnesses you sign and then notarises the form.

Unlike a power of attorney, a life certificate doesn't ask you to understand a legal transaction. Our notary needs to be satisfied of your identity and that you're alive, so elderly clients whose families now help them with paperwork can usually still have one done.

Most forms that we've seen from India require the person to sign, but technically you don't have to sign to prove that you're still alive. In fact, a notary should be able to simply see you (and possibly interact with you) to confirm that you're still alive. Despite this, if the recipient requires you to sign, then you should sign. If you're unable to sign for whatever reason, you need to make sure they'll accept some other form of proof (ie, like a life certificate signed by the notary, but not by you).

For most of our clients, the pension office also asks for one or more of the following:

• A notarised copy of your passport, so the office can match your photograph with its records.
• Your pension or account details written on the form. Fill these in before your appointment, but leave the signature blank.
• A recent photograph, if the form has a space for one.

Will your life certificate need an apostille?

Possibly. India and Australia are both Apostille Convention countries, so an apostille is the recognised way to prove our notarisation to an office in India. Many banks never ask for it, though, so wait for the bank or pension office to tell you before adding one.

If the office instead wants attestation from the Indian High Commission or Consulate, that's a different process, and we'll look at it in another article.

Where an apostille is requested, we arrange it through the Department of Foreign Affairs and Trade (DFAT) once our notary has finished.

What to bring to your appointment

• The life certificate form from your bank or pension office, completed except for your signature.
• Your passport. An expired passport can still be used for up to two years after expiry if the photo still looks like you. Otherwise, bring your Australian driver licence or photocard.
• A passport-size photograph, if the form needs one.
• The letter or email setting out the pension office's requirements.

What next for your pension?

Example: the solution

Lakshmi's daughter booked an appointment and brought the bank's form, already filled in with her mother's pension details. Lakshmi signed it in front of our notary, who notarised it with a copy of her passport. Her daughter collected the documents the next week and sent them to the bank, and the pension payments continued.

Is your life certificate due? Ask us to quote, or chat to us on WhatsApp.

About Us

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.

As a leading provider of notary services in Sydney, we have 1k+ Google Reviews (4.9) (updated July 2026) with many clients happy to share their experience in using our services.

Phang Legal — Parramatta
6/83 George Street
Level 3, 87 Marsden Street (from 1 March 2026)
Parramatta NSW 2150

Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155

Call 02 9687 8885 | WhatsApp | Request quote

About the author

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.

Has an injury or illness changed your signature? A declaration for India

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

Example: the situation

Ramesh lives in Seven Hills. After surgery on his right hand, his signature looks nothing like the one on his property papers in Pune. His lawyer there is preparing a new lease of his flat and warns that the registration office may query the mismatch. The lawyer emails him a declaration to sign.

A stroke, arthritis, a broken wrist or surgery can change the way you sign, sometimes permanently. That becomes a problem when VFS (or a recipient in India) compares your new signature with the one on its file and decides they don't match. For VFS, they may refuse to provide consular services like renew your passport. In those cases, a notarised declaration explains the difference and confirms that both signatures belong to you. Let's look at how it works.

Who decides what your signature declaration for India must say?

For most people dealing with VFS, they will likely tell you that if your signature has changed, you must provide them with a statutory declaration confirming the change.

If you're dealing with other parties in India, then your lawyer in India, or the office that queried your signature, will advise you on their required wording and the format. They should also provide their instructions. An official government office may want the declaration in a particular form, with samples of both signatures. If you're not sure, you should ask your lawyer in India.

Our notary doesn't write the declaration or comment on whether it will satisfy any specific requirement. We can only verify your identity, witness your signature and notarise your declaration.

What might your lawyer ask you to include about the change to your signature?

For most of our clients in this situation, the lawyer's draft covers some of these points:

• A sample of your current signature. You sign it in front of our notary, so it's witnessed as it is today.
• Your earlier signature. Often it's shown on an old passport. Our notary can certify a copy of a passport, but not copies of other documents issued in India. If you're able to sign your own signature, then perhaps you can do that to confirm it was your previous signature.
• A short reason for the change. It's your statement, so keep it accurate. Your lawyer may ask for a medical letter as support if it's due to an injury or illness.
• The identity document on file in India, often your passport number. Our notary checks the passport itself.

If your hand makes signing slow or painful, tell us when you book. Take whatever time you need at the appointment, and sign in black or blue ink unless your lawyer says otherwise. We usually suggest blue, as it makes an original signature easy to tell from a copy.

Can you use a thumbprint instead of a signature?

Yes, in many cases if you're no longer able to hold a pen or properly use a pen, then you might need to use a thumbprint. Whether this is going to be acceptable depends on whoever you're sending it to and what they expect or require. If in doubt, ask them for clarification first. We have witnessed people use their thumbprints in addition to a signature, and use a thumbprint when they no longer are able to sign.

Is an apostille needed on a signature declaration for a registration office?

If you're sending your declaration to VFS as part of your passport renewal application, then an apostille is usually not required.

But if you're sending your declaration to a government office in India, it's possible that they'll expect or require one. With Australia and India both parties to the Apostille Convention, the apostille certifies our notary's signature and seal, so the office doesn't have to verify them itself. Your lawyer will confirm it.

Some offices still ask for attestation by the Indian High Commission or a Consulate. That procedure is separate from ours, and we'll explain it in a later post.

Once the declaration is notarised, we send it to the Department of Foreign Affairs and Trade (DFAT) for the apostille on your behalf.

What to bring to your appointment

• Your lawyer's declaration, printed and still unsigned.
• Your passport, particularly if the declaration quotes its number.
• Your old passport showing your former signature, if your lawyer wants a notarised copy of it.
• Any medical letter your lawyer has asked you to attach.

What's the next step for your declaration?

Example: the solution

Ramesh told us about his hand when he booked, so the appointment allowed extra time. He signed the declaration in front of our notary, who notarised it with copies of his current passport and his expired one, which carried his former signature. After DFAT added the apostille, we sent the documents by international courier to his lawyer in Pune, and the new lease went ahead.

Is your signature causing problems in India? Get a quote from us, or ask a quick question on WhatsApp.

About Us

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.

As a leading provider of notary services in Sydney, we have 1k+ Google Reviews (4.9) (updated July 2026) with many clients happy to share their experience in using our services.

Phang Legal — Parramatta
6/83 George Street
Level 3, 87 Marsden Street (from 1 March 2026)
Parramatta NSW 2150

Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155

Call 02 9687 8885 | WhatsApp | Request quote

About the author

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.