• Who can verify signature of foreign daughter on dissolution of HUF

Hi sir/ madam,
im living in Fiji. my father with the concent of all the co parcerners wants to dissolve our HUF. however since i don't have an oci (i'm a foreign national) card can a notary notarise the deed of total partition
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

Get it notarised from your embassy.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Deed of partition has to be duly stamped and registered to be admissible in evidence

2) you should get your signature on deed of partition attested by Indian consulate

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You can get document notarised from notary public in Fiji

However courts insist on attestation by Indian embassy or consulate of documents

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

To be honest in India, a notarised document in india itself carries less value because it can done over paying money and a bit more and it can be obtained.

On that pretext, it can be challenged for its authenticity, if its authentic, it will surely work.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

If you are not holding India passport Indian Embassy has nothing to do in this.

Please visit the the department of foreign affairs in Fiji to get the documents varified and get it notarised in India for submission.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. The embassy can't notarise, a public notarian will do the same.

2. Since you are Fiji passport holder the Indian embassy there has nothing to do with this.

3. So you can sign on the partition deed in Fiji, get a notarisation done there and send it across the signed deed. Its enough.

4. Another option is to send a signed and notarised POA to your sibling in India who will make all the formalities as your constituted attorney.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi, you can get it notarised through a government official from the immigration department ..since there is consent among all the members , there will be no objection raised

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Yes the notary can notarise it and can it can be registered in India.

The best thing to do is make an power of attorney for signing and registering the partition deed of HUF as you cannot make yourself present for registration so give your father power of attorney on your behalf to sign and register.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Power of attorney can be notarised with Fiji notary and that would be valid in India and on that your father can sign and register partition deed.

I have just used father to tell you your can give your power of attorney to any person who can sign and register on your behalf in India.

if your father is not registering partition deed than you can sign and notarise and directly send the deed itself.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Since you are a foreign national, you need not visit the Indian Embassy or Consulate

2. You can simply sign before the public notary or any other government department authorised to witness your signature on the document and to ascertain your identity

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1. You may be a foreign National but since your father is an Indian, you shall be treated as an over5seas citizen with Indian origin. Your shall have to execute a Power of Attorney in favour of any of his relatives in India sent to you by your Indian Advocate and get it notarised before the appropriate officer of the Indian Consulate of Fiji for sending it back to your said POA holder.

2. The said POA holder can sign the partition deed for and on your behalf.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. Little more details for your not having OCI card is required.

2. Are you not the child of an Indian Citizen? Do you not have Indian origin?

3 If yes, apply for OCI card and get the POA notarised as suggested above.

4. if you are not an Indian and/or are not of Indian origin (i.e. father and forefather are Indian), then you can now own a the title of any immovable property in India registered in your name since while registering the partition deed before the Registrar, your PAN Card No. or OCI Card No.will be required to be mentioned mandatorily.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

It is an inheritance out of a partition from HUF property, for this you need not be an Indian, you may be a foreign citizen too.

If you are entitled to a share in the property, you can very well inherit the same and get it registered to your name.

However you need to visit to India for this purpose.

If you are not able to visit India, then you can execute a power of attorney deed in favor of anyone in India to complete the task ion your behalf.

This power of attorney deed may be notarised by a notary public of that country or can be attested by the Indian high commission or by an officer of Indian embassy of that country.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

As explained in my previous post, you can either get it attested by an official of the Indian embassy or by the High commission of that country or can get it notarised by a notary public of that country.

Dont get it attested by any official of the government of that country, becasue the validity may be questioned for which you may once again have to run from pillar to post to get it clarified.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Yes, you can do so as it is always a power vested in each country embassy to look forward about the such issue with respect to the less time or due to some other unavoidable reasons.

It is valid as it has been done here in India only.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Yes you can do the same through Embassy also.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

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