How to certify a document in usa (apart from notarization)


Hi,

I wanted to get certify an agreement between me and my wife (I don't want to get notarized from the notary here in USA because I wanted to get it done with Indian governament)

We wen to Indian consulate but they said that they can attest only if I have to submit the documents in the Court (for any ongoing case in India).

If the agreement is between me and my wife then they cannot attest the documents.

 

So please suggest if there any other options.

 

 
Reply   
 

You have not given the nature of the agreement. Unless it is known, we shall not be knowning whether the agreement attracts stemp duty. Notarising or Indian Consulate signing is merely an attenstation and confirmation that the signatories are identified and signed in their presence and beyond that the notarising or Consulate signature does not carry any further value.

 

Therefore, it depends upon the nature of the agreement. If it attracts stamp duty, it has to be stamped as the rules and regulations applicable in the place it is executed and when it is received in India, it has to be examined what was the stamp duty actually paid and what is the stamp duty where the agreement needs to be executed. Diffrential if any has to be paid.

 

Therefore, the key is the nature of agreement and purpose of the agreement.

 
Reply   
 


Advocate

Yes, what is the necessity of attesting the document than notarising it?

 
Reply   
 
Lawyer

As my colleagues suggested it depends up on the facts and circumstances of the agreements/ documents. But in general if the document is executed befoe the Notary Public and then legalised by the US Embasssy and then attested by the Ministry of Foreign Affiares, it would be acceptable to courts.

 
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