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Attestation of Documents

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Type of Documents Attested

Documents to be attested at the Consular Section of the Consulate could be of any of the following types:

Documents issued by an authority in UK under UK laws (e.g. birth certificates, death certificates, marriage certificates, divorce decrees, educational degrees/certificates etc.).
Documents issued by an authority in India under Indian laws(e.g. birth certificates, death certificates, marriage certificates, divorce decrees, educational degrees/certificates etc.) or documents executed by the applicants themselves in India.
Documents executed by the applicants themselves in UK (e.g. affidavits, declarations, power of attorney, will etc.).

Documents falling under catergory (1) and (2) above have to be apostilled by the competent authorities in the respective countries i.e.

documents issued by an authority in UK under UK laws have to be apostilled by the competent authorities in the UK (for details, please visit UK Foreign and Commonwealth Office web link: https://www.gov.uk/get-document-legalised)
and documents issued by an authority in India under Indian laws or documents executed by the applicants themselves in India have to be apostilled or attested by the competent authorities in India(for details, please visit Ministry of External Affairs, Government of India web link: http://www.mea.gov.in/legalization-of-documents.htm).

This is common to both, Indian nationals as well as foreign nationals.

For documents under category (3) above, can either be got apostilled by the competent authorities in the UK or they can be got directly attested at the Consulate General of India, Birmingham. Personal appearance (where applicable) of the applicant and of the witnesses before the Consular Officer atthe High Commission is mandatory for direct attestation of such documents.

Important Note

Legalization of Documents and Implementation of the 'Apostille' Convention:

India and the UK are members of the Hague 'Apostille' Convention of 1961, abolishing the requirement of further legalization of foreign public documents that are already apostilled. As such, High Commission of India, London or its Consulates in Birmingham or Edinburgh will not re-authenticate a public document that has been apostilled (i.e. legally attested, authenticated) by the competent authorities of the UK government.
A document apostilled by thecompetent authorities of UK Government is entitled to recognition in India and no further attestation or legalization of the apostilled document by the High Commission of India in London or its Consulates in Birmingham or Edinburgh is required.
Similarly, a document apostilled by the competent authorities of Indian Government is entitled to recognition in UK and no further attestation or legalization of the apostilled document by the High Commission of India in London or its Consulates in Birmingham or Edinburgh is required.
Therefore, it is not mandatory for UK nationals, Indian nationals and other foreign nationals to have the apostilled documents(apostilled either in India or in UK and to be produced before authorities either in India or in UK) counter attested by the High Commission of India or its Consulates in Birmingham or Edinburgh.
However, the High Commission of India or its Consulates in Birmingham or Edinburgh can counter attest a document that has been attested by the Ministry of External Affairs (MEA), Government of India or by any of the MEA's authorized Branch Secretariats in India if the document in question is to be presented before the Missions/ Posts (in the United Kingdom) of countries, which are not members of the Hague 'Apostille' Convention of 1961 and where apostille is not accepted.

Relevant portions abolishing the requirement of legalization for foreign public documents in case of contracting states are contained in Article 1 of the Hague Apostille Convention, and are re-produced below:

Article 1

The present convention shall apply to public documents which have been executed in the territory of one Contracting State and which have to be produced in the territory of another Contracting State. For the purposes of the present Convention, the following are deemed to be public documents:

documents emanating from an authority or an official connected with the courts or tribunals of the state, including those emanating from an public prosecutor, a clerk of a court or a process-server (‘huissier de justice'):
administrative documents:
notarial acts:
official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures.

However, the present Convention shall not apply:

to documents executed by diplomatic or consular agents;
to administrative documents dealing directly with commercial or customs operations.

For more details, please refer websites http://www.state.govt/m/a/auth/c16921.htm and www.hcch.net

Detailed Guidelines/ Procedure for Attestation:

I. Attestation of Documents (Birth/Death/Marriage/Educational Certificates etc.)

II. Attestation of Power of Attorney (PoA)/Affidavit (s) relating to Civil matters

III. Attestation of Power of Attorney (PoA)/Affidavit (s) relating to Property/ Financial matters

IV. Execution of Will/ Gift Deed

V. Attestation of Commercial Documents/ Company Documents

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