Hi,
A few years ago, my mother and my younger brother jointly purchased a property in Kolkata. Last year my mother passed away and I and my brother are her only legal heirs; my father is no longer alive. Now the property is ready for delivery by the builder and the builder is asking for an indemnity bond to protect itself from any spurious claim in future.
Both I and my brother are in the US. So we got the Indemnity bond prepared by our lawyer in India and got it mailed to us in US. Then both I and my brother went to the Indian Consulate in New York and signed the Indemnity bond in front of the Consulate officer and also got it certified by the officer. When we mailed it to the lawyer representing the builder, her response was that "a document cannot be executed on the stamp paper of a state/country where one is not present at the time of execution." Is her statement correct? Do both of us need to be present in India to get the indemnity bond executed? Is there a possibility that the other party can be persuaded to accept the Indemnity bond we have prepared? How can we get the Indemnity bond done without leaving the US.
I would like your kind opinion on this matter.
Kind regards
Shash
Both I and my brother are in the US. So we got the Indemnity bond prepared by our lawyer in India and got it mailed to us in US. Then both I and my brother went to the Indian Consulate in New York and signed the Indemnity bond in front of the Consulate officer and also got it certified by the officer. When we mailed it to the lawyer representing the builder, her response was that "a document cannot be executed on the stamp paper of a state/country where one is not present at the time of execution." Is her statement correct? Do both of us need to be present in India to get the indemnity bond executed? Is there a possibility that the other party can be persuaded to accept the Indemnity bond we have prepared? How can we get the Indemnity bond done without leaving the US.
I would like your kind opinion on this matter.
Kind regards
Shash
