Apostilled documents.
Balasubramanian
(Querist) 06 April 2014
This query is : Resolved
Can a consent affidavit to be filed in Indian High Courts by twin passport holders be apostilled in UK and US,instead of going to the Indian embassy for attesting particularly in administration/probate matters of estates in High Courts,as per Hague Convention,1961?
Devajyoti Barman
(Expert) 07 April 2014
academic query..give details of your query.
Balasubramanian
(Querist) 07 April 2014
It is a letter of Administration being filed in High Court for administration of the estate of a deceased,whose 2 children are abroad for 25-30 years one in UK,another in US,3 Children are in India,one of the children in India has petitioned High Court for an L/A.Consent affidavits of the members of the family are to be filed in HC,children in India have notarized their Affidavits,children abroad are very busy,i.e.why Apostille question is posed!
Prithvi Raj Sikka
(Expert) 07 April 2014
U can get the reply to petition,affidavits and vakalatnamaa from your sons residing abroad and same be duly attested by Indian embassy . The said documents can be filed in the court through your counsel and he can be tenderedthrough your counsel and he can make statement on their behalf . The authrisation for making statement be send through mail to lawyer on their behalf.
Prithvi Raj Sikka
lawjuris09@gmail.com
T. Kalaiselvan, Advocate
(Expert) 08 April 2014
I agree with Mr. Sikka that either the petition/affidavit and vakalatnama igned by the petitioner and duly attested by a notary and the Indian consulate/high commissioner/Indian embassy in the foreign country or a POA deed favoring the administrator in India following the same formalities stated earlier will suffice to proceed with the legal formalities for filing such petition before high court.
Balasubramanian
(Querist) 08 April 2014
I wanted to know whether the apostilled documents signed by the members of the family of the Petitioner residing abroad are valid in High Courts in India,I Know the documents can be signed before the Indian High Commission,Any way I got the clarification from Bombay High Court Registrar,the apostilled documents are allowed under Hague convention 1961,where India is also a signatory!AND THERE IS NO NEED FOR COUNTER-AUTHENTICATION BY INDIAN EMBASSY. Thx.
