Death of Parent - Legal heir certificate is available
My father died recently in India. Myself, my mother and my sister are the legal heirs. I have got the death certificate and legal heir certificate as well.
My sister is an NRI working in Seattle, WA, USA.
Indian Bank requesting NOC letter from all kids
There a a couple of Indian bank accounts of my father without a nominee and the banks are requesting for a NOC letter and Disclaimer (On stamp paper/green sheet) signed by myself and my sister and Notorised in India to settle all the deposits to our mother.
Sister lives in USA - Need NOC attestation
Since my sister is NRI, the banks mentioned that she either needs to come in person or the documents be sent to USA for her to sign and return back with some certificate from the Indian embassy in USA.
My question
Should I first get the documents and forms filled/signed by myself, my mother and witnesses before a Notory and then send it to the USA for my sister to get them signed and certified by Embassy in USA?
Or
Indian Notory can only notorise after the signature and certification by Indian Embassy/Consulate in USA?
Can you advice in detail step by step for the above procedure to get my sisterâs signature on the affidavits and forms/letters and what is the name of the certificate/process to obtain from Indian embassy in USA?
Create the NOC letter on paper (Avoid stamp paper, if possible) as told by Bank.
I am saying avoid stamp paper as your sister lives in the jurisdiction of SFO Indian Embassy and they need any document to first âApostiledâ by US state secretary, before they can attest it.
Now, the US state secretary may NOT apostile the document with Indian stamp paper.
You can ask for the content to be written from bank or write it yourself (whatever clauses you think are appropriate).
Step 2 - Send NOC document to your sister in Seattle, US
She would need to get it âApostiledâ by US state secretary first. This is a requirement for specifically SFO Indian embassy.
She would need to visit (or send by postal mail) to SFO Indian embassy for attestation and use a form called âMiscellaneous servicesâ which can be used to get attestation done.
NOTE: Indian embassy will keep a copy of this document with them.
I have documented the whole process of attestation with Indian Embassy for âPower of attorneyâ (POA) here:
Your sister in USA can follow the same process except that she will be getting this NOC letter attested rather than a POA. Indian Embassy application form is same for all Misc. services with fees and supporting documents.
Step 3 - Send the attested NOC to India
Once it is attested, she can send it back to you and then you all (whosoever is in India) can sign and get it notarized.
You can do it either way. I mean first your sign and notary in India and then send to USA OR first send to USA and then your sign and notary in India. It does not matter.