Legal Question in Wills and Trusts in India
My sister-in-law is an American citizen of Indian origin and is living in the USA for nearly four decades with her family. Recently she received a notice from an Indian court in connection with a succession certificate application filed by her brother, also an American citizen, regarding some movable properties like investments, bank deposits in India left by their mother who died intestate a few years ago in India. They are the only two legal heirs.
She wants to contest the succession certificate case and a lawyer has been engaged through a Vakalatnama signed by her and sent from the USA. That lawyer has already appeared before the court
On the next day my sister-in-law is required to move an objection petition through the lawyer. Now the question is whether the objection petition must be moved through an affidavit affirmed in India or a simple verification will do? If an affidavit is necessary can it be done in the USA before a Notary?
2 Answers from Attorneys
In this case parties are contesting from India for properties lying in India and Indian Vaklamakan is being used for filing objections, hence it is mandatory to file affidavit in support of objections and affidavit must be affirmed in India.
Dear Sir/Madam,
As per Indian Court of Law each of the drafts have to be supported with Affidavit sworn to before notary public of such jurisdiction, or else Advocate can file Memorandum of Facts through his strength. Here in your case of an objection as you've told have to be supported by same. Therefore giving special power of attorney to an advocate is better solution in your case of avoiding, and meeting daily formal rules of Court compliances.
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