By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.
Example: the situation
Farah has received an affidavit from her lawyer in India for a court matter, with a box for her photograph and thumb impression. She lives in Australia and isn't sure how to sign it.
An affidavit for India often comes with formalities beyond your signature. Let's discuss what to check before your appointment.
If you have received an affidavit to submit to a government office or court in India (or to submit to VFS in Australia), it is likely that you will need to sign that affidavit in front of a notary public if you live in Australia.
If the affidavit has been prepared by your lawyer in India, your lawyer should have provided you with instructions as to how the affidavit should be signed and sworn. You should also clarify any other formalities such as:
- Does the affidavit need to be printed on bonded paper of stamped paper? If it does, you will need to have the affidavit prepared in India because you cannot buy bonded paper or stamped paper from Australia.
- Does the affidavit need to include your photograph? If so, you need to bring your own photograph and we will put a notary seal over your photograph once it has been attached to the affidavit.
- Does the affidavit need to include your finger prints or thumb prints? If so, we can assist you in terms of witnessing you placing your prints on the affidavit.
- Does the affidavit need to be signed in front of witnesses in addition to the notary public? If so, you will need to arrange for your own witnesses as we cannot guarantee or provide witnesses.
- Does the affidavit need to be countersigned by the Indian Consulate or follow any other process? If so, there is a process after having the affidavit notarised that may involve the Department of Foreign Affairs and Trade (DFAT) and VFS.
Following these instructions is important otherwise your affidavit may be rejected and you would need to do it again. Aside from a cost, you need to be aware that the delay caused by not 'doing it right' in the first place may result in more complications depending on the purpose and the deadline for your affidavit.
It is also important to remember that the government office or court in India may not recognise the signature by a justice of the peace, and so the process that you will need to follow is to have your affidavit notarised by a notary public.
If you need to submit your affidavit to the Indian Consulate, you should check the requirements listed on the VFS website and they process all documents on behalf of the Consulate. You may also need to have your affidavit stamped with an apostille from DFAT. DFAT will not recognise the signature of a Justice of the Peace which means IF you need to have your affidavit stamped with an apostille, then you must have your affidavit notarised.
As a leading provider of notary public services in Sydney, we provide assistance to many clients who need to send affidavits to India. If that includes you, then please contact us to see how we can assist you.
To obtain a quote on our notary public services for India, please visit Request a notary quote.Example: the solution
Farah followed her lawyer's instructions and brought the affidavit, her photograph and her passport. She placed her thumb impression and signed in front of our notary public, who sealed over her photograph and notarised the affidavit.
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.
