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Anand Nair   03 May 2017

Letter of undertaking

We are a couple looking to adopt a child. One of the requirement is an notorised undertaking on stamp paper from our siblings. Since my wife is a single child and her closest cousin in staying abroad(US, green card holder), what is the formality to get his notarised undertaking letter? Is the deed formed and notarised in US valid in India? Appreciate a prompt response.



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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 May 2017

Ministry of External Affairs, Government of India has issued a Notification no. : L161 / 1 / 2003 in March 31st 2006 accepting the Hague Convention, 1961 (Article 1 of the Treaty) and entering into force for India on 14th. July 2006. 5. According to the S. 14 of the Notaries Act of 1952 if the Central Government is satisfied that by law or practice of any Country or place outside India the Notaries act done by Notaries within India are recognised for all or any limited purposes in that Country or place, the Central Government may by Notification in the Official Gazette declare the Notarial Acts lawfully done by Notaries within such Country or place and thus shall be recognised within India for all purposes or as the case may be for such limited purposes as may be notified in the Notification. Thus it is perfectly valid.
 

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Anand Nair   03 May 2017

Thank you Mr.Rama chary, does this mean this step is not required? Can we get my brother in law to sign the letter with a US notary and sent it back to India and will be valid?

https://in.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/notaries-public/authenticate-a-u-s-document-for-use-in-india/

 

Read more at: https://www.lawyersclubindia.com/forum/Letter-of-undertaking-149509.asp#reply


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