Why notarised?
In most cases, if you're sending documents back to India - you're going to need to have your documents notarised. The concept of having documents notarised is central to many transactions in countries all over the world, especially if you're transacting across different country borders.
Technically, for documents originating in Australia (ie, signed in Australia or Australian government documents), India should only accept them if they're stamped with an apostille issued by the Department of Foreign Affairs and Trade (DFAT). DFAT will only stamp a document with an apostille if it's an original Australian government document or if the document has been notarised by a notary public in Australia.
What's an apostille?
An apostille is a stamp issued according to the Apostille Convention (see more here) and recognised by member countries - such as Australia and India. Simply put this means if your document is stamped with an apostille on behalf of the Australian government, then government offices in India should recognise it as being a valid document. This is the formal approach and as stated, technically the correct process and procedure that all documents from Australia to India should follow.
Why only technically?
In practice, not everything strictly follows the technical requirements. Maybe whoever you're dealing with in India isn't familiar with the technical requirements or they have/follow their own requirements. For example, some people are asked to obtain the 'Indian Consulate' stamp which is only available from VFS (on behalf of the Government of India) and this may also involve obtaining an apostille as well. However, the majority of clients that we assist only need to have their documents notarised and stamped by a notary public.
What about a justice of the peace?
A justice of the peace is not a notary public. While signing or certifying documents in front of a justice of the peace in Australia can be used in Australia, it wouldn't be commonly accepted overseas in other countries - including India. Generally, the minimum requirement (aside from the apostille or 'Indian Consulate' stamp) for documents from Australia going to India would be to have them notarised. Some forms and documents can be stamped by a justice of the peace if you are submitting them to VFS, but if you're sending your document directly to India then consider having them stamped by a notary public.
If your document needs to be stamped with an apostille, DFAT won't recognise a stamp or signature of a justice of the peace - it has to be an original Australian government document or a document that's been notarised by a notary public.
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/.
Ern Phang
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.
