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 — Parramatta6/83 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.
