An affidavit is required abroad for immigration, marriage, education, employment, property, family matters or for legal and administrative reasons. Affidavit Attestation Services are necessary to verify an affidavit that has been drafted in India and is being sent to a foreign entity. The correct path is determined by the country of destination, the type of the affidavit and the requirements of the organization to be submitted to.
The Ministry of External Affairs (MEA) classifies documents into two categories: Apostille (countries under Hague Convention) and normal documents (countries where it is not applicable). The personal documents that are eligible for Apostille include affidavits specifically for MEA.
What Is Affidavit Attestation for Overseas Use?
Affidavit Attestation for Abroad is the process of getting an affidavit attested by authority within India for use by an authority outside India.
An affidavit is a document that states what one believes or asserts and is sworn or affirmed to be true. Depending on how it will be used, it might require preparation, signing and notarization or authentication prior to further legalization.
It is important to remember that there is no one process that can be used on all affidavits. The need for Apostille, embassy attestation or other legalisation of the document by the destination country and the receiving authority.
This is the reason it is crucial for applicants to set up the intended use before they get started with the Affidavit Attestation Services.
When Does an Affidavit Need Attestation?
There are a number of foreign uses of an affidavit. Common examples include marital status issues, name change issues, financial issues, property issues, parental consent, sponsorship, identity or other personal issues.
For instance, MEA’s guidance on certificates of bachelorhood or single status is that such a certificate can be issued by a competent court or SDM, even in the form of an Affidavit, notarised by the SDM and the certificate can be counter-attested by the concerned State Home Department and attested by MEA or Apostilled.
This is why Affidavit Attestation for Abroad must not be seen as a mere stamping process. Depending on the nature of the document, it may be required by more than one level of authentication.
Notarized Affidavit Attestation: What Comes First?
Notarized Affidavit Attestation typically means that the Affidavit is properly executed and notarized before it proceeds to the subsequent authentication.Notarized Affidavit Attestation normally implies that the Affidavit is properly executed and notarized before it will proceed to the subsequent steps of the authentication.
The affidavit should include the declaration appropriate for the purpose for which it is intended and must be signed in compliance with the requirements. It is not the notary’s job to be the same as the MEA or a foreign embassy.
According to MEA, its legalization depends on the signature of the signing authorities and it does not have responsibility for the content of the document.
Thus, Notarized Affidavit Attestation does not imply that the Affidavit is ready for use in all foreign countries. May also require further authentication.
Affidavit Apostille India: When Is It Required?
Affidavit Apostille India is applicable to affidavit that is meant for a country that has an agreement with the Hague Apostille Convention and accepts Apostilles for the particular kind of document.
India is a signatory to the Hague Apostille Convention since 2005 and the Competent Authority for India is MEA.
The Convention simplifies the process of legalisation, eliminating the need for a series of legalisations between signing countries and allowing Apostille to be issued by a competent authority in the country in which the document is issued.
Affidavit Apostille India, however, needs to be authenticated by the relevant authority of the State/UT in India prior to being apostilled. MEA states that documents that are not e-Sanad, are initially authenticated and then sent via an authorized outsourced service provider for Apostille or attestation.
What Is Affidavit Legalization for Non-Hague Countries?
If the destination country will not accept the Apostille, the document will normally be attested or legalized the usual way that would be done in that country.
Hence, Affidavit Legalization India is different from Apostille. MEA refers to the use of normal attestation in the countries which are not parties to the Hague Convention in which Apostille is not accepted.
Once authenticated by Indian authorities, the document must be authenticated by the relevant embassy / consulate in India as per the requirements of the destination country.
Before processing Affidavit Legalization India it is best to always know the exact sequence since it may vary from country to country or from type of document to type of document.
Affidavit Embassy Attestation: When Is It Needed?
In situations where an Indian document needs to be used in another country, and the embassy or consular office of that country requires authentication of the Indian document, Affidavit Embassy Attestation may be required.
This is usually linked to the countries that do not accept Apostille or countries that refuse Apostille and demand embassy legalization.
The embassy does not automatically supersede the previous requirements for authentication. The affidavit may require appropriate Indian level authentication depending on the country and document.
Therefore, Affidavit Embassy Attestation should be planned on the basis of the current requirements of the destination country, which are not necessarily based on a checklist followed in another country.
Documents and information that is generally required.
Applicants should have some of the following:
- Original affidavit
- Identification document or passport
- Supporting documents relevant to the declaration
- Notarization or authentication, where applicable
- Copies required by the processing authority
- Additional forms or photographs, if specifically required
- Translation, where required by the destination authority
For instance, Indian diplomatic missions may want to publish requirements for specific affidavit-related services that may involve the original affidavit, copies and documents from a passport.
Thus, Notarized Affidavit Attestation should only be done after verifying the format of the document and any requisite documentation for its purpose.
How the Affidavit Attestation Process Works
The process can be generally summarized in the following stages:
1. Make the declaration: The declaration should reflect the purpose for which it is to be used in as accurate a manner as possible.
2. Execute and notarize it: It is signed and notarized or authenticated as required.
3. Pre-authentication: personal documents might need to be authenticated by designated State or Union Territory authority. In its published procedure, MEA states that the Home/General Administration Department is the designated department for handling personal documents.
4. Select Apostille/Normal Attestation: A Hague destination will need Apostille, a non-Hague destination will need normal attestation and legalization.
5. Complete embassy legalization where necessary: The authenticated document is presented following the correct procedure for Affidavit Embassy Attestation.
6. Submit the document abroad: Once the process of authentication is completed, the affidavit will be submitted to the recipient body based on its own requirements.
What We Can Do to Help at Document Attestation Point
We know how confusing the process of affidavit legalization may be if one does not know which type of legalization is required – Apostille, embassy attestation or state-level authentication.
In order to help our clients, at Document Attestation Point we offer Affidavit Attestation Services. These services help our clients choose the correct route based on the purpose and destination of the document.
For the clients who need Affidavit Attestation for Abroad, we can provide document checking and coordination of the process of attestation of the document. If the Affidavit Apostille India is needed, we can help you to coordinate the process of Apostille following the required pre-attestation.
For the clients who need affidavits to be sent to non-Hague countries we can help with Affidavit Legalization India and Affidavit Embassy Attestation.
Our aim is to organize the procedure and help our clients avoid the mistakes which can be done during legalization, like wrong choice of the legalization route and incomplete documentation.
Choose the Right Legalization Route Before You Process Your Affidavit
It is important to identify first of all where and why your document will be used. Hague destination will require apostille, and another destination may require normal attestation and embassy legalization.
Notarized Affidavit Attestation, Affidavit Apostille India or Affidavit Legalization India will have different requirements. The requirements must be identified before you process the affidavit.
Professional Affidavit Attestation Services offered by Document Attestation Point will help you with this issue.