Satish (farmer) 01 June 2022

Attesting requirement for a nri spa to deal with a court case

Hello Legal Experts,

My daughter has to file an eviction case against illegal occupiers in her home back in India. She is currently living in the UK. Our initial understanding is that the SPA has to be attested by an Indian Consulate. We also heard that a UK based notary would suffice as it is dealing with a court case.

Could you please suggest to me if just notarising the SPA is acceptable in our case?

Can you also suggest if there is any option to recover the losses incurred due to the occupation from the occupiers? for ex: rental income.

Many thanks,

Satish

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6 Replies

Parasar 02 June 2022

get it notarized in uk, followed by authentication by district registrar

Kishor Mehta (CEO) 02 June 2022

It will be in your interests to get the SPA attested by the authority at the Indian Consulate.

P. Venu (Advocate) 02 June 2022

The Indian Consulate is the proper authority. However, a local advocate is the best person for the correct information.

Parasar 02 June 2022

Read section 85 and section 57 of indian evidence act. ChanAn kAur vs pahar singh

Satish (farmer) 02 June 2022

Thanks everyone for your suggestions

cline dejesus 06 June 2022

Notarize it in the UK, then authenticated by the county registry. You will benefit from being SPA certified by the competent authority at the Indian Consulate.

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