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Month: October 2016

Start-to-Finish Steps of Certificate Attestation in India

Start-to-Finish Steps of Certificate Attestation in India

My sister met a severe accident in UK last year. She owned property and had some funds in the bank. Since her condition was critical, I had to be with her at any cost. But my request for UK visa was rejected.

A Power of Attorney (PoA) helped me in transferring her funds and property to my name while being in India (which my sister desperately wanted to). But what I did to reach there, let I narrate in the correct procedure from start to finish. Please walk through all these steps thoroughly for getting rid of agony due to delay or rejection of documents (which i faced):

What to attest?

Diverse countries seek distinctive documents for processing immigration. The purpose of emigration determines exactly which documents must be verified. For example, a student will have to produce his pre-verified degree while an entrepreneur must get stamp on his business papers. So, it’s almost the cause that identifies.

Nonetheless, there are certain documents that are commonly required whatever the purpose would be.  I have jotting down the checklist of immigration documents which are statically required:

  • Passport
  • Copy of passport
  • Police Clearance Certificate (PPC)
  • Birth Certificate/Non-Availability of Birth Certificate (NABC)
  • Marriage Certificate
  • Ration Card/Aadhar Card
  • Educational docs
  • Divorce Certificate
  • Marriage Availability Certificate (CENOMAR or Single Status Certificate)
  • Business documents (for setting up business at foreign)

Pre-verify docs this way!

Aspiring to study or set up business abroad? The aspirants must apply for the visa first. The checklist has already been mentioned to you above. How certificate attestation in India proceeds-you would learn through the given steps.

Pre-verification initializes this step. For it, the applicant must visit the office of District Commissioner (DC) or Divisional Magistrate (DM) or SDM (Sub-Divisional Magistrate). Collecting all the original documents, he must submit them in his office.
The original documents are sent to the concerned person of the school or college from where the degree is attained. For example, a B-Tech student must submit his original degree at DC office for cross-examination. Later, the DC sends those documents to the engineering college that issued it for cross.

Further, the competent authority (in this case is DC) receives it back. Subsequently, the DC counter-attests and handovers it to its holder.

The verification does not end here. The recipient takes the attested papers to the Human Resource Department (HRD) of the state government for passing the next level attestation. After getting them stamped there, he counter-attests them at the Patiala House, New Delhi from the MEA office.

Apostille stamp is the final authentication that the recipient gets.

Ultimately Apostille your docs!  

Apostille service is the process of docs’ authentication. In 1961, the Hague Convention was established with 98 member countries for making the immigration procedure legally a walkover. Russia, Middle East, UK, all South American countries, African countries and many European countries are collated to it.  India is one of the member countries of this convention.  There are nations like Australia, New Zealand and Kenya, that don’t come under this convention.

The recipient must submit his pre-validated documents here to get its counter-stamp. The convention’s competent authority does not conduct cross-examination of the papers since they have been counter-attested by the HRD department. It just fulfills the formality of stamping that is mandatory.

From there, the recipient must submit his apostilled documents at the embassy of the country where he wants to fly.

Tips for Property Management & Registration in India

Tips for Property Management & Registration in India

Purchasing a piece of land or apartment/flat requires huge investment. And this investment comprises of hard-earned money. A mistake can push an innocent in the trap of land-mafia or fraudulent.

This blog can work to guide the aspiring property investors for making a fair deal. Let’s start with property registration description.

Registration Act

The process of registration is executed under the Registration Act 1908 in India. It was formulated to:

  • Record authentic details of any immovable property in which the buyer is interested.
  • Maintain proper records of the property & related transactions.

The government has delegated registering rights district-wise. It provides more convenience & legitimacy to the governance.

The registration process has three main levels. Each buyer should walk through these levels to orient land/property registration. These are:

Levels of Registration

Mandatory level: The Registration Act mandates:

  • Registering documents of the immovable property.
  • Registering the WILL (It’s not compulsory but doing so credits extra-ordinary comfort & convenience in its maintenance.)

Timeframe: Its second level points to the time-period within which documents must be submitted for processing.  

  • The related papers of the property must be registered within 4 months. This duration begins since the day the documents of the property are submitted.
  • In case its owner is offshore, the registration span will begin from the day of its arrival in the country. It will last till 4 months from that day.

Confused over where should NRIs or locals go for submitting the documents? Let’s catch where and in whose presence property’s papers must be registered.

  • At the office of sub-registrar situated nearby the property’s location.
  • Both, buyer & seller, & their representatives/Power of Attorney holders must be present there. Both parties must sign the papers in the very presence of the registrar.
  • Even, immovable property is transferred in the very presence of the registrar. For transferring, seller and buyer should sign, put thumb impressions on the papers and attest passport size photographs in his presence.

Final Registry: Once all formalities are conducted, the registrar verifies and cross-checks all the documents. Once finding all papers & detail authentic & registration fee paid, he:

  • Enter the records in the government’s book under the banner ‘Registered’. Then, he attests them. This way the Pan Endorsement procedure gets completed.
  • The documents get effective from the date of endorsement or any specified date but not from the date of registration.

Checklist of property documents needed:

  • Title deed attested by the Sub-Registrar (It identifies the real owner of the property.)
  • Completion Certificate
  • Map
  • Sales deed
  • Approved copy of plan from the local authority (if purchasing vacant land)
  • Agreement of sale (registered)
  • Cross-check the papers of the property if it belongs to the second owner.
  • Utilities bills (cleared or paid)
  • Khata/ Patta
  • Encumbrance certificate
  • NOC if the property is resold.

Precautions to take while purchasing a flat/ vacant land:

  • Determine the reputation of the builder/ realtor if he is efficient in property management or not. If the realtor fails to approve loan from the banks, it certifies the seller is not so trustworthy.
  • Check all the documents carefully and thoroughly. They should be issued by a certified lawyer. Cross-check them with your own lawyer.
  • Check if the building plan is approved by the Municipal authority and AE or not.
  • Check the project delivery if it is on time. If it delays, the realtor can impose the inflated prices of products upon the buyer.
  • Take every detail of housing project in writing. Verbal promises usually end in disputes. So, avoid such practice.
  • Take completion certificate issued by the competent authority before possession.
  • Read the papers of Title carefully. The attorney holder can change it for fooling the ignorant.
  • Avoid payment in cash since payment through cheque can be repatriated easily (if required).

How OCI Card Is Helpful in Immigration?

How OCI Card Is Helpful in Immigration?

OCI Card

Immigration is a complex process. A lot of hassles barricade an individual while shifting. Like other countries, Indian government has empowered foreigners, Person of Indian Origin and non-residents’ diaspora with hurdle-free traveling through OCI (Overseas Citizen of India) card.

However, foreigners are eligible to get this card but there are certain exceptions. For example, the citizens of Bangladesh, Pakistan or any such nation that the Central Government declares ‘ineligible’ shall be impermissible.

Let’s take a look who is applicable for owning it indeed.

Who can have it?

It is a must to notice what the Section 7A of the Citizen Act states. It consists of the vital information that describes who is eligible for obtaining this card.

The foreigners who can register must be:

  • Indian native at or onwards the time when its constitution (in 1950) was written.
  • Eligible for procuring citizenship of India on 26th January 1950.
  • Of the territory that was acquired by India after 1947.
  • The minor child/ grandchild/great grandchild of the aforementioned person.
  • The minor child whose both or either parent were Indian citizen.
  • The spouse of the OCI card holder.
  • The child/ grand-child/ great grandchild of the parents who were Indian citizen (as per provision of the Government of India Act (1935).

Inapplicable are those who

Belong to Pakistan, Bangladesh or any other country that shall be specified by the Central Government.

How one can get an OCI?

The request for its issuance is now processed digitally. The government has sped up its processing by introduced its registration from its formal website. Sometimes, confusion confines the applicants. They don’t get the idea of selecting the appropriate application form. So, they must carefully select the Form XIX which is enough for a family consisting of spouses and two minor children.

Its part A and B are filled online. Subsequently, its hard-copy must be submitted to the Indian Mission with the following documents.

  • Citizenship certificate
  • Proof of self/ grandparents/ great grandparent (property papers/birth certificate/residential proof of 1950 or before)
  • Passport
  • Copy of domicile certificate
  • Birth certificate/residential proofs attested by the first class Magistrate/ District Magistrate.
  • Marriage certificate of spouses (of Indian origin)

While submitting all these documents, the authority processes this request only in return of particular amount (which is INR 15,000 currently). However, this sum can be changed as per direction of the authority.

It’s advantageous!

It would be a happy moment when one travels across the country and no hassle obstructs. This exactly is the benefit which this card awards to its bearer. But this is not the only one. There are more advantages that can relief mavericks. Catch a few below:

  • Multi-purpose visa for life long.
  • No need to verify with police even though the stay exceed 180 days limit.
  • Parity with NRIs in respect to financial, economic, and educational benefits.
  • Parity with NRIs when it comes to adopting an Indian child.
  • Parity with NRIs in respect to tariffs for domestic flights.
  • Parity with NRIs when it comes to paying entry-fee for touring wild-life sanctuaries and national parks in India.
  • Parity with NRIs in respect to paying entry fee for visiting national monuments, heritage sites and museums in India.
  • Parity with NRIs when it comes to take admission in All India Pre-Medical Test or any such test.
  • Permitted to show an attested/notarized affidavit that specifies address (& email address) of the bearer in place of residential proof.

It is noteworthy that this card does not facilitate acquisition of agricultural or plantation land/property. Therefore, such persons cannot buy any farmhouse or farm/field in their own name.

Comparison between PIO and OCI card facilities

Apart from NRI status, there is a third facility also called PIO card. It expands as Person of Indian Origin. However, the Modi government has ceased accepting fresh application for seeking this card since 9th January 2015. Yet, its old bearers are permitted to enjoy its all benefits.

In terms of benefits, both, cards are more or less equal. But still certain differences make them poles part. These differences reflect in:

Point for OCI and PIO

Since the formerly mentioned card is no more issued, its holders are recommended to switch it with latter card. They can enquire for how PIO card holders can apply for OCI card at the nearest FRRO office. Although it is not mandatory yet the confusion spread when this bulletin surfaced. Today, it’s clear that the already registered PIOs card-holders can resume its use for traveling. They must carry their old as well as new passport along.

This news had surely burdened lots of worries on the prospective travelers. Now, the competent authority (FRRO) provides a registration booklet to PIO card-holders. They can get it attested on every visit from the consular office/passport authority. Forgetting passport can reject their entry. So, they must keep it along.

The conversion slaps an extra cost worth INR 8,000. The applicant has to visit the bank for withdrawing a Demand draft of the same amount.