• Preparing Affidavit & Indemnity Bond for NRI

Dear Sir/Madam,

I am working in Dubai and booked a commercial shop in U.P. I have received Buyer Agreement & Allotment letter from Builder. Shop Registry will be due after completion of construction. Now I want to replace my Name with my son name in Buyer Agreement & Allotment Letter. To do this builder is requesting an Affidavit & Indemnity Bond in Rs.100 Stamp paper.
My query is that being a NRI & travel restrictions how I can prepare these documents from here without visiting India. can I take help of Lawyer to prepare these document in India and send me to sign & revert. Does my personal presence is mandatory to sign Affidavit & Indemnity Bond in front of Lawyer/Notary.
Please advise best option. Thanks.
Asked 3 years ago in Property Law
Religion: Muslim

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18 Answers

You can ask builder to furnish you draft of affidavit and indemnity bind 

 

2)get affidavit on stamp paper of Rs 100 and have it arrested before Indian consulate 

 

3) similarly indemnity bins should be arrested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
97523 Answers
7890 Consultations

It can be prepared by the lawyer and e mailed to you

You can take the print and sign before the notary public there or before the Indian Embassy

Thereafter the document can be couriered to the builder in India 

Prior to that the lawyer can stamp the document 

Alternatively the lawyer can print the document on stamp paper and courier it to you after which you can do the procedure as above 

Yusuf Rampurawala
Advocate, Mumbai
7752 Answers
79 Consultations

Dear Sir/Ma'am, 

1. The builder can draft the affidavit and give the indemnity bond or you can take the assistance of a lawyer there

2. the affidavit needs to be on stamp paper and your signature is required for the same. 

3. your presence is required for signature in front of the notary there or the Indian embassy

Thank You

  • For further assistance, you can book a consultation with me.

Anik Miu
Advocate, Bangalore
10395 Answers
121 Consultations

Verification should mention Dubai 

 

as you are presently in Dubai 

 

have it attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
97523 Answers
7890 Consultations

You can take the assistance of a lawyer who would prepare this document,  send it to you by email. 

You can download,  take a printout and get it attested by a notary public of that country after your signature. 

Send it back to your son who will proceed by following further procedures. 

Please note that the Indian non judicial stamp paper is not valid outside India hence you can get the printout on a plain paper itself. 

T Kalaiselvan
Advocate, Vellore
87725 Answers
2357 Consultations

Affidavit and indemnity bond are two different documents. You are not at all required to travel to India. Any non judicial stamp is available with Indian embassy/consulate. You can request them online and they will currier the same to you. In fact in western countries Indian non judicial paper is available in all big towns. If there is notary available you can get it notarized otherwise you can get it attested by Indian consulate online. They will readily do it. So far drafting is concerned any Advocate  will do it online if details are provided.

Ravi Shinde
Advocate, Hyderabad
4431 Answers
42 Consultations

Since you are going to execute this from Dubai,  you should mention it as Dubai only. 

It would be incorrect and invalid if you sign it as Lucknow because you are not residing in India at the time of signing the paper. 

T Kalaiselvan
Advocate, Vellore
87725 Answers
2357 Consultations

You can verify it at the place of your working, if you verify as at Lucknow  that will be illegal and false. You cannot prove your presence in India.

Ravi Shinde
Advocate, Hyderabad
4431 Answers
42 Consultations

- Since, the buyer agreement & allotment letter is in your name , then for replacing the name an indemnity bond is required , and the affidavit needed to confirm you declaring for the same. 

- Further , as the builder has already send that documents to you , then you can notarized the same asper rule of Dubai  , and further can be attested it from the office of the Indian consulate there. 

- Affidavit can not be singed her in India , as you are presently residing abroad , hence the location/verification should be Dubai where you are residing presently, otherwise it will be not valid. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

-  The builder sent format of the affidavit.
You take help of lawyer to make changes and will send sofy copy.
You take printout of it and get it attested by a notary public of that country.


-  The affidavit needs to be on stamp paper if made in India and your signature is required for the same in front of Notary.
But for outside India, stamp paper is not required. Plain paper is also enough. 

 

-  It should not be made in Lucknow because it will become false and builder will get chance to cheat you.

 

Ankur Goel
Advocate, Bangalore
454 Answers

You can get the affidavit either attested by a local notary public of that country or by an official of the Indian embassy/high commission. 

 

After attestation and sending it to the power agent in India, the same needs to be adjudicated by the concerned registrar within which the property situate in India. 

T Kalaiselvan
Advocate, Vellore
87725 Answers
2357 Consultations

Affidavit has to be on non judicial stamp paper of Rs 100 

 

2)it can be attested by notary public . However advisable to get it attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
97523 Answers
7890 Consultations

1. You can engage any lawyer in India to draft these documents and mail those to you which will be printed at your end and have to be got attested by an oath commissioner/Notary Public.

2. Your personal presence in India is not mandatory.

Ashish Davessar
Advocate, Jaipur
30813 Answers
974 Consultations

Dear Sir/Ma'am,

1. the affidavit can be attested from either of the places. one you attest and send it across to the power agent and they will fulfill the necessary formalities with the registrar. 

Thank you 

  • For further assistance, you can book a consultation with me.

 

Anik Miu
Advocate, Bangalore
10395 Answers
121 Consultations

1. Not mandatory , you can print on plain paper 

2. Yes

3. Not mandatory if notarized in that country 

4. That attested affidavit is valid in India for the said purpose. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

Yes you can do it. A PoA can be made where you reside and then you may proceed ahead with the transaction.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You cannot write LUCKNOW there as you are in a foreign country. Moreover affidavit has to be notarised there.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Notary public of a foreign country would suffice. 

You may also give a PoA to any trustworthy person and he may conclude the transaction on your behalf.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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