Who Can Notarize an Affidavit: Authorized Officials & Legal Requirements

Affidavits are only legally valid in India when they are signed in front of an authorized witness, leading many people to wonder, “Who can notarize an affidavit?” A notary public is appointed under the Notaries Act to verify identity, ensure the statement is voluntary, and officially certify the document. Their seal prevents fraud, supports legal acceptance, and ensures the affidavit can be used confidently before courts and government authorities. [1]

What Does It Mean to Notarize an Affidavit?

Notarizing an affidavit means a licensed notary public verifies the signer’s identity, ensures the statement is made voluntarily, and confirms that the signature is genuine. The notary then witnesses the signing and places an official seal on the document. This process adds legal credibility and prevents fraud or forgery. Since affidavits are used in courts and government procedures, notarization is essential for them to be accepted as valid and trustworthy. [2]

Who Can Notarize an Affidavit in India?

Once you understand what an affidavit is, the next question that comes is who is authorized to notarize an affidavit, or who is an affiant. This official ensures courts, banks, and government departments accept your document. Different officials have specific powers, and choosing the correct authority prevents delays, rejection, or legal complications.[3]

Notary Public (Primary Authority)

• Appointed under the Notaries Act, 1952: Licensed notaries verify identity, witness the signing, and apply an official seal, creating a legally valid affidavit accepted by courts and government bodies for a wide range of formal requirements.
• Authorized to verify identity, witness signing, and affix seal/stamp: Their attestation confirms the signer’s voluntary declaration, prevents fraud, and ensures the affidavit meets all formal standards required for legal, financial, and administrative submissions in India.

Oaths Commissioner (In Some States)

• Empowered to administer oaths and verify affidavits: Often used for court-related affidavits, they formally administer oaths and authenticate declarations, helping litigants file required documents quickly and in compliance with state-specific procedures.
• Commonly used for court-related affidavits: Their attestation streamlines court submissions by ensuring the affidavit is sworn correctly, properly identified, and ready for acceptance during judicial processes and procedural filings.

Magistrate or Judicial Officer (Specific Cases Only)

• Typically for court affidavits, legal matters, or special proceedings: Their involvement is reserved for sensitive legal matters where higher judicial oversight is required, ensuring the affidavit carries strong legal credibility and meets strict procedural standards.

Embassy/Consulate Officials (For NRIs & Foreign Affidavits)

• Used for documents executed outside India: They attest affidavits signed abroad, allowing NRIs to submit legally valid documents in India by providing identity verification and formal certification acceptable to Indian authorities and institutions.

Documents Required for Notarizing an Affidavit

To understand how to get an affidavit notarized, you must provide specific documents that help the notary verify your identity, validate the declaration, and ensure the affidavit is complete and ready for legal acceptance. [4]

• A government-issued ID like Aadhaar, PAN, voter ID, passport-sized photo or passport to confirm identity.
• The notary needs the original affidavit draft to review information, witness the signature, confirm a voluntary declaration, ensure accuracy, prevent inconsistencies, and legally validate the document by applying the notarial seal.
• Additional papers vary by purpose, including address proofs, certificates, financial statements, or relationship documents, helping the notary confirm the truthfulness of claims and ensure the affidavit aligns with legal requirements.

Affidavit Notarization Format

AFFIDAVIT

I, [Full Name of Deponent], aged [Age], residing at [Full Address], do hereby solemnly affirm and state as follows:

1. [First statement/point of declaration]
2. [Second statement/point of declaration]
3. [Additional statements as required]

VERIFICATION

I, [Name of Deponent], hereby verify that the contents of this affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed.

Place: [City]
Date: [DD/MM/YYYY]

Signature of Deponent

(Name of Deponent)

Notary Section

Signed and affirmed before me on: [DD/MM/YYYY]
At: [City / State]

Seal & Signature of Notary Public
Name: _________________________
Registration No.: ______________
Office Address: ________________

(Official Notary Stamp Here)

Step-by-Step Process of Getting an Affidavit Notarized

Understanding who can sign an affidavit as a notary helps you follow the right process and ensures your affidavit is legally valid, properly verified, and acceptable across courts, banks, and government offices. [5]

• Step 1: Prepare the Affidavit: Write your details and declaration clearly and correctly so the notary can check and approve it.
• Step 2: Visit an Authorized Notary: Go to a licensed notary public or Oath Commissioner who is allowed to notarize documents.
• Step 3: Show Your ID Proof: Provide valid identification so the notary can confirm your identity and avoid any fraud.
• Step 4: Sign in Front of the Notary: Do not sign the document beforehand — sign it only when the notary is watching.
• Step 5: Notary Seals the Document: The notary adds their seal, signature, and stamp to officially verify the affidavit.
• Step 6: Pay the Notary Fee: Submit the required fee and receive your legally notarized affidavit ready for official use.

Types of Affidavits Commonly Notarized

Many official declarations require notarization, and knowing their types is important. [6]

Online Notarization: Is It Allowed in India?

Online notarization in India is still limited, and most affidavits require physical presence before a notary. Some states permit restricted digital attestation, mainly for specific services or exceptional circumstances. [7]

• Current legal status: Online notarization isn’t fully recognized nationwide, and most affidavits still require in-person verification because notaries must confirm identity and a voluntary declaration in person.
• States permitting limited online attestation: A few states allow restricted digital verification for select documents, mainly through authorized government platforms designed to support specific administrative or legal processes.
• When e-notary services can be used: E-notary services may be permitted for certified copies, minor declarations, or digitally verifiable submissions, provided the platform ensures identity verification and secure document handling.
• Limitations: E-notarization cannot replace physical attestation for affidavits involving identity, property, court matters, or sensitive declarations requiring strict in-person verification under existing legal rules.

Can NRIs Notarize Affidavits Abroad?

NRIs can notarize affidavits outside India through authorized officials, and these documents remain valid in India when properly attested and compliant with required verification standards.[8]

• Notary public abroad: Affidavits can be notarized by licensed foreign notaries who verify identity, witness the signing, and certify documents in accordance with the local laws of that country.
• Indian Embassy / Consulate: Embassy and consulate officials provide attestation for affidavits executed abroad, ensuring the document is recognized by the Indian authorities and meets their requirements.
• Validity in India: Affidavits notarized abroad are accepted in India when properly attested, supported by relevant identification, and compliant with verification norms required by the Indian government and legal institutions.

How NoBroker Helps with Affidavit Notarization

NoBroker makes the affidavit process easier by offering online affidavit drafting and connecting users with verified, experienced notaries for fast and compliant notarization. Their platform simplifies document preparation, reduces manual effort, and ensures every affidavit meets legal requirements. With guided support, secure handling, and access to authorized professionals, users can complete the entire process smoothly without unnecessary delays or confusion. Get your affidavit notarized quickly with NoBroker’s experts.