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Legality of foreign documents in India if not how to legalize it


19-Feb-2023 (In Documentation Law)
What is the legality of foreign document in india.If not then what we have to do to legalise the document?
Answers (3)

Answer #1
690 votes
Depends on what type of document it is. Accordingly, the relevant provison of indian evidence act will apply.
Part 4 of the indian evidence act deals worh various types of documents their presumption under indian law and their admissability also.
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Answer #2
570 votes
Depends on the nature of the document and the country in which the document was executed. The documents can either be apostilled under the Hague convention or they can be legalised / counselraised at the Indian consulate situated in the foreign country.
Answer #3
977 votes
in india Indian courts and public authorities bound to recognise public documents executed and authenticated abroad in terms of Apostille certification, in one part kerala high court allows foreign document as per below ,while calcutta high court don't allow it.

The Court noted that the Apostille Convention, 1961 replaced cumbersome formalities of requirement of diplomatic or consular legalisation for foreign public documents and legalisation process of authentication by issuance of Apostille Certificate. Therefore, foreign public documents do not require legalisation if it bears Apostille certification. Since the notice period under the Act was over, the Court directed the Marriage Officer to process the application on the basis of the certificate and register the marriage in accordance with the provisions of the Special Marriage Act. [Abdul Manaf P. A. v. State of Kerala , 2015 SCC OnLine Ker 29460]

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