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 — 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.
