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 https://www.notary-parramatta.com.au/notary-fees/.
Acknowledgements
This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.
For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.
Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.
For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.
Notary Public
Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.
IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.
