Apostille or Consular Attestation? Getting Share Claim Documents Signed Abroad Accepted in India

An affidavit you sign in Toronto or Dubai isn't automatically valid in India. Before an Indian registrar, company or the IEPF Authority acts on it, it has to be authenticated. Which route applies depends on where you sign.

Which documents need it

• Affidavits and affidavit-cum-NOCs for transmission
• Indemnity bonds, including the one for an IEPF claim
• Powers of attorney authorising someone in India to act for you
• Copies of foreign documents, such as a death certificate issued abroad

Documents issued in India, such as an Indian death certificate or legal heir certificate, don't need an apostille to be used in India.

Route 1: Apostille

India has been a party to the Hague Apostille Convention since 2005. A document from another member country that carries an apostille needs no further legalisation for use in India.

Members include the UK, the US, Canada, Australia, Singapore and most of Europe. Saudi Arabia joined in 2022.

• 1.: Sign the document before a local notary public
• 2.: Get the apostille from the competent authority in that country, often a foreign ministry or a designated state office
• 3.: Courier the original to India

Route 2: Consular attestation

Some countries where many Indians live aren't members of the Convention. The UAE, Qatar and Kuwait are three examples. There, documents are authenticated through a chain of attestation ending at the Indian embassy or consulate. The exact order varies by country, and typically involves the local notary or authority, the country's foreign ministry, and then the Indian mission. Check the Indian mission's website for current steps and fees before you start.

Indian missions can also attest signatures and administer affidavits themselves, which in some places is the simplest option.

Stamping in India

Bonds and agreements that would carry stamp duty in India can be signed abroad on plain paper. Indian stamp law generally allows them to be stamped within three months of first arriving in India. Build this into your timeline.

Mistakes that send documents back

• Name differences: the name on the document, your passport and your PAN should match. Where they can't, add a line explaining the variation.
• Blank spaces: fill in every blank, or strike it through, before the notary sees it
• Wrong format: registrars often prescribe an exact format for affidavits and indemnity bonds. Get the text from the registrar or your adviser before signing.
• Photocopies: most registrars want the original authenticated document, not a scan
• Out-of-date copies of ID: attach current passport and address proof copies, self-attested

For the wider process, see how NRIs claim IEPF shares without flying to India and NRI legal heirs claiming a parent's shares.