• Affidavit

I am Japanese. Marry an Indian fiancé in Japan. The required documents include his bachelorette affidavit and his family's affidavit. After that, apostille is required. We are looking for a lawyer to do everything. He lives in Hariyana, India.
We are looking for a lawyer who can do everything from creating affidavit to acquiring apostille. If you can't do apostille, it would be helpful if you were a lawyer who could also guide you to the institution that would arrange apostille.
I'm not good at English, so I'm sorry if the document is wrong.
Asked 4 years ago in Family Law
Religion: Hindu

13 answers received in 1 day.

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17 Answers

A Certificate of bachelorhood/single-status/eligibility to get married can be issued by a competent court/ SDM having jurisdiction of the area of the residential address of the applicant. This can be in the form of a certificate/ affidavit notarized by SDM which is required to be counter-attested by the Home Department of the State concerned. Thereafter, it is to be attested/apostilled by the Attestation Section of the Consular, Passport & Visa (CPV) Division of the Ministry of External Affairs, New Delhi.

you need to contact local lawyer in Haryana where your fiancée is residing 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

It should take around a month or so 

 

certificate /affidavit should be counter attested by state of Haryana and then apostled 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

You should search this portal for a local lawyer in Haryana then.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

It's a very simple exercise and does not take more than a week time. 

If you fiancé is from Haryana then ask her family members to arrange an advocate. 

It will expedite the things and would complete it smoothly. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You may contact if you need any legal help.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Affidavit and other documents can be prepared.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Legal fees vary depending upon lawyer engaged by you 

 

ask your fiancée to meet lawyer personally in his office 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

It will cost  around 15 days. You don't have to come to my office. It will cost you around 50,000 INR.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It depends on the particular advocate. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

In India when you apostille a document, an apostille sticker and/or an apostille stamp is obtained from the authority. It is a computer generated with a unique identification number and is applied to the back of the document. This maintains a record online and allows the concerned authorities to check the authenticity in a more convenient manner. After this application of the sticker from the MEA, there usually is no need for any added certification from the embassy.

The Ministry of External Affairs (MEA) is the central government department that provides a sticker on the documents that contains the details of the applicant which include the name, document name, name of the officer who issued the sticker and stamp and the date of issuance. In India, the validity of the apostille sticker is six months. The procedure is an indirect course of action that involves attestation readily from the regional and the state government before approaching the MEA.

Your fiancé can take the help of a local lawyer who is having knowledge and experience in this field or any other lawyer of this forum who is ready and willing to take up this assignment.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

It depends on the type of document you need a document apostille for how long apostille procedure may take. It depends on the document issued state as well, as this process involves attestation from the state government. If you are going for the offline process, it will certainly take about 3-4 weeks, however, if you choose to involve the apostille services to get it done for you then it might actually take a lot lesser time like one or two weeks

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

- Since you wanted to marry with an Indian citizen, then this marriage will be solemnized under the Special Marriage Act.

- Further the following documents required for marriage registration in Haryana , India

  1. Birth certificates (for age proof)
  2. A valid visa of more than 30 days for the foreign national
  3. A single-status affidavit signed by both parties. In case one of the parties has married previously, the Divorce Decree (for divorcees) or Certificate of Death (for widowed) is necessary.
  4. Address proof and passport size photographs
  5. Adequate documentary evidence of 30-day residence in India
  6. A ‘no-objection’ letter from the Japanese Embassy or Consulate, 
  7. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address

- 30 days residency requirement means that either the bride or the groom has to be living in India for at least 30 days prior to applying to the local registry office to get married.

- For foreigners, this is evidenced by a certificate from the local police station.

- If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry office will take place

- The marriage certificate is usually issued a couple of weeks after the wedding

- Since, your fiancé is living in Haryana , then fiancé can engage a local lawyer there for assisting in the marriage.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Apostille in India, the procedure has recently been decentralized by the central government.

The central body that carries out document apostille is the Ministry of External Affairs (MEA). The MEA has regionalized apostille process to Branch Secretariats and the RPOs in 15 cities effective from January 1st, 2019.

The cities of operation include - Ahmedabad, Bengaluru, Bhopal, Chennai, Chandigarh, Cochin, New Delhi, Guwahati, Hyderabad, Kolkata, Lucknow, Mumbai, Panaji, Raipur, and Thiruvananthapuram. Generally, it begins at the local notary from where the document was issued and is followed by the state authentication and then lastly the MEA apostille sticker.

The procedure differentiates when it comes to different types of documents.

There primarily are three main types of legal documents - personal, educational and commercial. 

 

You can choose the city. 

Before that, please become aware of the entire process which is given below:

 

Personal Document Apostille

It is pretty clear from the term that personal document apostille is the legalization of documents that contain personal data. It comprises the birth certificate apostille and marriage certificate apostille.

  • 1. Marriage Certificate
  • 2. Birth Certificate
  • 3. Divorce Certificate
  • 4. Death Certificate
  • 5. Adoption Deed
  • 6. Medical Certificate
  • 7. Police Clearance Certificate(PCC)
  • 8. Experience Certificate
  • 9. Migration Certificate
  • 10. Passport Copies etc.

The personal document apostille process consists of the following steps

  • 1. Notary Attestation
  • 2. Home Department Attestation or SDM Attestation
  • 3. Apostille from MEA.

 

Steps involved in Document Apostille Process:


  • Notary Attestation :

    The primary step in the authentication of the educational and personal documents is getting them certified from the Notary. It is done at the regional level from a lawyer or at the collector’s office.


  • Home Department Attestation:

    Home Department is a state level organization that certifies the personal documents. It is responsible for the legalization of the documents which are issued under the same state government. The Home Department is also known as Mantralaya in some states, so it’s also called as Mantralaya Attestation.


  • HRD Attestation:

    HRD or Human Resource Department is a department of the state that solely certifies the educational documents. Certificate verification is a significant factor in the given part of authentication. Certificate verification is needed to be done from university or board based on where the document is issued.


  • SDM Attestation:

    Sub-Divisional Magistrate (SDM) is an alternative for the State attestation in some instances. It is done when of home department attestation or HRD attestation is not preferable.


  • Chamber of Commerce Attestation:

    The Chamber of Commerce (CoC) is a business association and the first step in the verification of your commercial documents before the legalization MEA. There is no state government’s involvement in commercial documents.


  • MEA Attestation:

    The MEA is the arm of the central government that manages foreign affairs which will provide the sticker and MEA stamp as per the requirement. It is the final step of legalization when both, the home country and destination country are members of the Hague convention.

  •  



T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. Your fiancé and his family head can execute an affidavit affirming that he is a Bachelor and get the same notarised by local Notary Public in India.

 

2. If your Fiancé is in Japan then the said affidavit shall ave to be attested by the appropriate officer of the  Indian Consulate at Japan.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. An Apostille is a type of attestation in which documents are legalised in a particular format that is acceptable in all nations that belong to the Hague Convention. Essentially, Apostille is an international attestation that is acceptable in about 92 countries, and most of the western world recognises Apostille.

 

2. In India we notarise documents, affidavits etc through Govt. Approved Notary Public and there is no separate Apostille Service available in India. 

 

3. It takes one day in getting documents/affidavits notarised by the Notary Public in India. 





Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You have no direct role to play in his getting the affidavit notarised in India for which you won't have to come to India for the said purpose.

 

2. If the format in which his affidavit affirming that he is still a Bachelor is required by the Authority in your Country is sent to him, then his lawyer in India can draft the affidavit accordingly and get the affidavit notarised.

 

3. The entire process might take Rs.40,000/- though there is no fixed rate for doing legal jobs.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Sir,

Our firm is majorly located in Bangalore and I am afraid, we shall not be of much help. But we wish you all the best in the case.

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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