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for court cases in India often go through several drafts, and it's easy for a wrong date, a misspelt name or an outdated detail to slip through.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.
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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.
