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What is Attestation?

The act of attending the execution of a document and bearing witness to its authenticity, by signing one's name to it to affirm that it is genuine. The certification by a custodian of records that a copy of an original document is a true copy that is demonstrated by his or her signature on a certificate.

An attestation is a declaration by a witness that an instrument has been executed in his or her presence according to the formalities required by law. It is not the same as an Acknowledgment, a statement by the maker of a document that verifies its authenticity.

An attestation clause is frequently found in legal documents that must be witnessed if they are to be valid, for example, a will or a deed. It states that the instrument has been completed in the manner required by law in the presence of the witness who places his or her signature in the designated space.

What is the procedure of Attestation?

Normally documents are divided into three major types and these are Educational Documents, Non Educational Documents and Commercial Documents. Prior to the Attestation of Ministry of External Affairs (MEA) all the documents need to be attested from the State Level Attestation Department. Basically, the document firstly will be attested by the authorized (powered by Ministry of External Affairs) signatory of the concerned Department of the state from where the document has been originated. Most of the state’s Educational Documents are attested firstly by the Higher Education Department of the respective state. The Non Educational Documents are attested by the Home Department or General Administrative Department or Regional Attestation Department etc. of the respective state. The Commercial Documents are attested by the Chambers of Commerce of the Respective State.

Attestation of Affidavit

An affidavit is voluntarily made without any cross-examination of the affiant and, therefore, is not the same as a deposition, a record of an examination of a witness or a party made either voluntarily or pursuant to a subpoena, as if the party were testifying in court under cross-examination. A pleading—a request to a court to exercise its judicial power in favor of a party that contains allegations or conclusions of facts that are not necessarily verified—differs from an affidavit, which states facts under oath.

In India there are various types of affidavit could be made and some examples are as under,

Affidavit of Birth

Affidavit of Marriage

Singleness Affidavit

Permission for Marriage Affidavit

Unmarried Affidavit etc.

The preparation of these Affidavits depends on the purpose of requirement. The Affidavit could be prepared on the Non-Judicial Stamp paper after that it must be signed and the stamped by the Notary Public of the jurisdiction.

For more details about Birth Affidavit Attestation, Marriage Affidavit Attestation, Singleness Affidavit Attestation, Unmarried Affidavit Attestation contact us @ +91-11-2605 1031 or write us info@documentation.co.in, we’ll happy to help.

What is an Apostille?

The Hague Convention Abolishing the Requirement for Legalization for Foreign Public Documents (FPD), the Apostille convention. OR

The Apostille agreement is an International pact summarized by the Hague Conference on Private International Law. It specifies the modalities through which a document issued in one of the signatory Countries can be certified for legal purposes in all the other signatory Countries. Such a certification is called an Apostille (It is a French word, and its meaning is Certification). It is an international Certification equivalent to a Notarization in domestic law.

What is the Procedure?

In India, Apostille is affixed by the Competent Authorities designated by the Government of India which is party to the convention. A list of these authorities is maintained by the Hague Conference on Private International Law. Examples of designated authorities are Embassies, Ministries, Courts or Local Governments. For example, in India, the Ministry of External Affairs is the competent Authority to affix Apostille.

To be eligible for an Apostille, a document must first be certified by an officer recognized by the authority (in India that is MEA) that will issue the Apostille. For example, in India if a Divorce Certificate has been issued in Agra, then it will be Attested by the General Administrative Department (GAD) / Regional Attestation Department (RAC) or Home Department of its respective state. After completion the first Attestation finally it will be Apostilled by the Ministry of External Affairs (MEA).

What is the information included in an Apostille?

In India, the Apostille itself is a printed form consisting of 11 standard fields. On the top is the text APOSTILLE, under which the text Convention de La Haye du 5 octobre 1961 (English: Hague Convention of 5 October 1961) is placed. The fields contains the following information,

Country: [INDIA]
This public document of the Type: [Name of the Document]
Is issued to: [Name of the Document Holder]
Has been signed by: [Name of the officer recognized by the MEA]
With the Seal / Stamp of: [Acting in the capacity of]
Certified by: [Acting in the capacity of]
On: [Date of Apostille] At: [Location of Apostille]
With Reference No: [Apostille Registration Number: 4 Alpha and 10 Numeric numbers]
Seal/stamp: [of the authority giving the Apostille] Signature: [Signature of authority giving the Apostille]

The Apostille sticker can be placed on the back side of the document itself.

Apostille for Affidavit

The Affidavit could be Apostilled from Ministry of External Affairs (MEA) after the attestation of the competent officer designated by the Ministry of External Affairs, Government of India. The designated officer or signatory or the department could be changed from time to time as per the instruction of Ministry of External Affairs (MEA). The designated signatory may be the Section Officer, Deputy Commissioner, Commissioner, Magistrate, Sub Divisional Magistrate, Resident Commissioner, Chief Secretary, Joint Secretary, Assistant Secretary, Director, Deputy Director etc.

The Affidavit could also be Apostilled from Ministry of External Affairs (MEA) after the Attestation of Sub Divisional Magistrate, New Delhi. But it is an alternate, genuine and acceptable process for the Hague Conventional Countries across the globe. On the other hand some Countries are very specific as they require the state level attestation on the Affidavit prior to the Apostille from Ministry of External Affairs.

For more details about Birth Affidavit Apostille, Marriage Affidavit Apostille, Singleness Affidavit Apostille, Unmarried Affidavit Apostille contact us @ +91-11-2605 1031 or write us info@documentation.co.in, we’ll happy to help.

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