Apostille vs Notary in India: Meaning, Purpose, Documents and Validity

Understanding Apostille vs Notary in India helps individuals choose the correct document authentication process for domestic and international purposes. A notary public verifies signatures, affidavits, and true copies under the Notaries Act, 1952, primarily for use within India, and typically charges between ₹50 and ₹200 per document. An apostille issued by the Ministry of External Affairs under the Hague Convention,1961, certifies a document for use in member countries abroad, with a government fee of about ₹50 plus additional service charges. The choice between notarised vs apostille depends on the destination country, document type, legal requirements, and total processing cost. 

What is a Notary?

• In India, notarization is the process of having a document certified by a Notary Public. A Notary Public is a qualified lawyer appointed by the government to serve as an impartial witness in the signing of important documents. 
• The primary purpose of a notary is to deter fraud by verifying the identity of the signatories and ensuring they are signing willingly. This process is used for documents intended for use within India, such as affidavit certificates and rental agreements.

What is an Apostille?

• An Apostille is a specialized certificate that authenticates the origin of a public document, such as a degree or marriage certificate. It is issued by the Ministry of External Affairs (MEA) in India. 
• The purpose of an Apostille is to certify a document for use in any of the 100+ foreign countries that are part of the Hague Apostille Convention. This international certification means the document will be legally accepted in those countries without needing further validation.

Apostille vs Notary - Quick Comparison

Understanding the difference between an apostille vs notary helps choose the right document process. A notary is used within India, while an apostille is required for International purposes such as employment, education, and immigration. 

When Do You Need a Notary vs an Apostille?

Knowing when to choose notarised vs apostilled depends on when the document will be used. In India, notarization confirms a signature for domestic purposes, while an apostille is issued under the Hague Apostille Convention, which India follows, for international acceptance of documents abroad. 

Below are a few real-world examples to keep an eye on:

• Study Abroad: Degree certificates require an apostille for universities in Hague Convention countries.
• Property Abroad: A Power of Attorney requires an apostille for legal use in foreign property transactions.
• Domestic Affidavits: Rental, name change, or income affidavits usually require only notarization within India. 

Documents That Commonly Require Notarization

Notarization is a frequent requirement for many types of documents used for domestic transactions and legal filings in India.

• Affidavits and Declarations
• Power of Attorney documents for use within India
• Rental and Lease Agreements
• Sale Deeds and Gift Deeds for property
• Indemnity Bonds and other legal bonds
• Bank Loan Agreements

Documents That Commonly Require Apostille

An Apostille is necessary when you need to prove the authenticity of your official Indian documents to a foreign government or organisation.

• Birth Certificates for visa or immigration purposes
• Marriage Certificates for spousal visas or residency
• Death Certificates for international inheritance claims
• Educational Documents (Degrees, Diplomas, Transcripts) for higher education or employment abroad
• Police Clearance Certificates (PCC) for residency applications
• Power of Attorney documents for use in a foreign country

Key Differences in Legal Validity

The core difference lies in their jurisdiction. A notarised document is legally valid and recognised only within India. An Apostille, however, gives a document international legal validity, making it acceptable in over 100 countries without any further need for embassy legalisation.

Can a Document Be Both Notarised and Apostilled?

Yes, and in many cases, this is a required sequence of steps. For personal documents like a birth or marriage certificate, the process often starts with getting a copy notarised. This notarised document is then submitted for state-level attestation before the Ministry of External Affairs can finally apostille it.

Where to Get Apostille and Notary Services in India?

Understanding where to obtain document authentication in India is important for legal use domestically and internationally. Under the Apostille Convention of India (2), notarization and apostille services are handled by different authorities and agencies.

• Notary Services: Available through a local licensed Notary Public appointed under the Notaries Act 1952. Many platforms, like NoBroke, also offer online notary assistance for basic documentation.
• Apostille Services: Issued by the Ministry of External Affairs (MEA) through authorised centres for documents intended for Hague Convention countries.
• Outsourced MEA Agencies: The MEA has authorised service providers (like outsourced agencies) to collect and process apostille applications on its behalf. These agencies handle document submission, verification, and delivery for convenience.

Cost and Time Comparison

The financial and time commitments for apostille vs notary public services are vastly different, reflecting the difference in their scope and complexity.

How NoBroker Can Help With Notary Services?

NoBroker simplifies notary services by offering convenient online assistance with document verification and notarization. They help with affidavits, rental agreements, and other essential documents, saving time and effort. With doorstep service options, transparent pricing, and quick processing, NoBroker makes notarization easy, reliable, and hassle-free for individuals and businesses.