Affidavits, Notarisation and Apostille for Documents Used in India

Affidavits in India

An affidavit is a sworn written statement, usually on stamp paper of the value fixed by the state, and attested by a notary or an oath commissioner. Courts and government offices often specify the format and the stamp value.

Notarisation and authentication

A notary verifies identity and signature. A document signed in India for use abroad is usually notarised and then authenticated, in many cases by an apostille issued by the competent Indian authority, depending on the document and destination country.

Documents signed abroad for use in India

Sign before a notary abroad, then obtain an apostille if the country is a party to the Hague Apostille Convention, as India is. Where the country is not a party, the document may need legalisation by its foreign ministry and attestation by the Indian Embassy or Consulate.

Stamping and common mistakes

Instruments signed outside India are usually stamped after they reach India, within the time allowed by the state law. Typical mistakes are signing before the wrong official, a missing apostille, the wrong stamp value, and names that do not match the passport.

Frequently asked questions

Is an apostille the same as notarisation?

No. A notary verifies your signature, while an apostille certifies the notary's or official's authority for use in another country.

Can I sign a power of attorney at an Indian consulate?

Consulates attest documents, and many offer this service by appointment. Check the current process for your consulate.

Do apostilles expire?

There is no general expiry, but the authority receiving the document may ask for a recent one.

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