By Whytecroft Ford Indian Law Team. Last reviewed: May 2026.
- Several distinct types of affidavit are used in Indian property transactions, and using the wrong type, or one with missing content, is a common cause of delay. The type required depends on the specific stage of your transaction, the relevant Indian authority, and the affidavit purpose.
- NRIs and OCI holders selling or inheriting property in India may typically need more than one affidavit. A single transaction can require a legal heir affidavit, a name discrepancy declaration, and a FEMA compliance statement, each with different content and statutory references.
- An affidavit and a Power of Attorney serve entirely different purposes. Many property transactions from the UK may require both, but they cannot substitute for one another.
For NRIs, OCI holders, and foreign nationals managing property in India from the UK, the question is whether an affidavit is required, which type, drafting, and containing what specific declarations.
Getting this right matters because an affidavit rejected by an Indian authority is not simply a minor administrative setback. It means repeating the UK notarisation and apostille process from the beginning, which may stall the underlying transaction. The most common cause of rejection is an incomplete document and incomplete legalisation requirements.
This guide focuses on the certain types of affidavit required in Indian property matters, and when each one applies. For a detailed explanation of the UK execution and apostille process, including notarisation requirements and the role of the FCDO, see our guide to executing an Indian affidavit from the UK.
The Types of Affidavit Required in Indian Property Matters
Indian property transactions call for different affidavits at different stages. Understanding which one applies to your situation is the starting point.
A legal heir affidavit is required where a person may have passed away without a will, and their property needs to pass to the legal heirs. The affidavit confirms the identity of the legal heirs, their relationship to the deceased, and the fact that no other heirs exist or will contest the matter. It is typically required by the revenue authority or Sub-Registrar before mutation proceedings can begin. Where multiple heirs are involved, each may need to provide a separate affidavit.
A no-objection affidavit, sometimes called a relinquishment affidavit or NOC, is required where co-heirs agree to transfer their share of an inherited property to one heir. Each co-heir who is relinquishing their claim must provide a sworn declaration confirming their consent. Without this, mutation in favour of a single heir cannot proceed.
A “one and same person” affidavit is needed when the name on a person’s UK passport differs from the name recorded in Indian property documents. This is common where names have been transliterated differently at different points in time, or where a surname has changed. The affidavit confirms that the two versions of the name refer to the same individual. It may be attested by the High Commission of India, London, and is the recognised method for resolving name discrepancies with Indian property authorities.
A FEMA compliance affidavit or NRI status declaration may be required in property sale transactions to confirm the seller’s NRI or OCI status and that the transaction complies with the Foreign Exchange Management Act, 1999 and Reserve Bank of India guidelines.
An OCI or PIO status declaration affidavit may also be required where an authority needs formal confirmation of a person’s residency status and its legal implications for the transaction, particularly in relation to property ownership rights under Indian law.
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Scenario: Why a Single Transaction Can Require Multiple Affidavits
Consider a situation in which an OCI holder based in London inherits an apartment in New Delhi from her late mother, who passed away without a will. The property records in New Delhi list her name in a slightly different transliteration to her British passport. She is the sole heir, but her mother had two siblings whose families are aware of the property.
Before the Sub-Registrar will process the sale, three separate affidavits may be required. A legal heir affidavit confirms her status as sole heir. A “one and same person” affidavit resolves the name discrepancy between her passport and the property records. A FEMA compliance affidavit confirms her OCI status and establishes that the proceeds of sale will be repatriated in accordance with RBI guidelines.
Each document has different content requirements, different statutory references, and different declaration language. A single generic “affidavit” cannot serve all three purposes. Each must be drafted correctly and separately, then legalised for use in India. If any one of the three is rejected, the sale may be delayed until the process is repeated for that document.
What Is the Difference Between an Affidavit and a Power of Attorney for Indian Property?
An affidavit and a Power of Attorney for India from the UK are frequently confused, and frequently required together, but they serve entirely different purposes.
An affidavit is a sworn statement of fact. It establishes a legal position, confirms an identity, or creates an evidentiary record that Indian authorities can rely on. It does not give anyone the authority to act on your behalf.
A Power of Attorney authorises a named person in India to act on your behalf, to sign documents, appear before authorities, and complete transactions in your name. It is an instrument of authority, not a declaration of fact.
For most NRI and OCI property transactions managed from the UK, both can be required depending on individual circumstances. The Power of Attorney enables your representative in India to handle the transaction physically. The affidavit or affidavits provide the evidentiary foundation that supports the transaction, your identity, your status, and your legal right to deal with the property. One cannot substitute for the other.
Why the Drafting Standard Matters
The most common reason an affidavit causes delay in an Indian property transaction is that it was drafted without reference to what the specific receiving authority requires. Call us on 0208 757 5751 or send us a message through our contact form.
Frequently Asked Questions
This depends on the specific circumstances of the inheritance.
A legal heir affidavit is a sworn declaration confirming who the legal heirs to a deceased person’s estate are, their relationship to the deceased, and that no other heirs exist or will dispute the matter.
A “one and same person” affidavit is a sworn declaration confirming that two different versions of a name, as they appear in different documents, belong to the same individual.
In most cases, this depends on circumstances. A Power of Attorney authorises your representative in India to act on your behalf. It does not itself establish the facts required by Indian property authorities, such as your identity, etc.
This varies depending on the complexity of the matter. A straightforward property sale by an NRI with a clear title and matching documents may not require further documents; it depends on individual property circumstances.
