Documents & Procedures
Affidavit, Notarisation and Attestation in India: Which One Do You Need?
By ATTPL Legal Editorial Team · · 2 min read
The difference between an affidavit, notarisation, self-attestation and apostille in India, when each is needed, how to get it done and the risks of false statements.
Three words people often mix up
Government offices, banks, schools and courts ask for documents to be 'notarised', 'attested' or supported by an 'affidavit'. These are different things. Using the wrong one causes delays and repeat visits, so it helps to know what each means before you go to a notary or advocate.
Affidavit: a statement on oath
An affidavit is a written statement of facts that the person (the deponent) swears or affirms to be true before an authorised officer, such as a notary or an oath commissioner. It is commonly used for name or address declarations, income or relationship declarations, lost documents, and as evidence in court proceedings.
- Write only facts you know to be true, in numbered paragraphs
- Add a verification clause stating which paragraphs are from personal knowledge
- Sign before the notary or oath commissioner, who identifies you and records the entry
- Use stamp paper or e-stamp of the value required in your state for that purpose
Giving a false affidavit can be punished as giving false evidence under the Bharatiya Nyaya Sanhita, 2023, so never sign a draft you have not read. For name changes, see our guide on gazette notification for name change.
Notarisation: authenticating a document
A notary appointed under the Notaries Act, 1952 can verify and authenticate the execution of documents, administer oaths and certify copies. Notarisation confirms that the person signed before the notary after identification; it does not make a document legally valid if the law requires registration. For example, a sale deed or gift deed of immovable property must be registered with the sub-registrar, not just notarised. See power of attorney for when registration is needed.
Attestation and self-attestation
Many central and state offices now accept self-attested copies, where you sign a photocopy of your own document, instead of attestation by a gazetted officer. Some institutions still ask for attestation by a notary or officer, so check the instructions of the office concerned. Attestation of a will or deed by witnesses is a separate legal requirement; read our guide on making a valid will.
Documents for use abroad: apostille
India is a party to the Hague Apostille Convention. Documents to be used in another member country are usually first authenticated by the designated state or central authority and then apostilled by the Ministry of External Affairs. Countries outside the convention may need embassy legalisation instead. NRIs dealing with property in Rajasthan can read our guide on legal services for NRIs.
How ATTPL Legal can help
ATTPL Legal can draft affidavits and declarations, advise whether notarisation, registration or apostille is required, and coordinate the process in Jaipur. For company-related documents, ATTPL Consultancy supports ROC filings.
Frequently asked questions
Is a notarised agreement legally valid?
Notarisation proves execution, but documents that the law requires to be registered, such as sale or gift deeds of immovable property, must be registered with the sub-registrar.
Can an affidavit be made on plain paper?
Generally an affidavit for official use is made on stamp paper or e-stamp as required by state law; some court affidavits follow court rules. Check with the office or court concerned.
What is an apostille?
A certificate issued by the Ministry of External Affairs that authenticates an Indian document for use in countries that are party to the Hague Apostille Convention.
Sources and further reading
This article is general legal information, not legal advice. Requirements differ by state and purpose; consult a qualified advocate before acting.