Bipat

We were fortunate in that our lawyer has known OH family since his childhood so he (the lawyer) made out the affidavit and charged a composite fee (I think it was 7 court officials had to be paid!)
The magistrate is known to just walk out of the court when he feels like it; again we were lucky he actually signed the paper first time.
Yes the courts are terrible so many junior lawyers there just hanging around hoping for work.

So I think you just need to search for a good lawyer and some sort of evidence regarding your family origins.

(Two weeks ago we went again to the same court building to get a 'power of attorney' registered, 15 mins our lawyer said!! we were there 2 hours with the rain pouring through the roof, everyone huddled in the only dry area).

satigill

Oh no, that doesn't sound good !

satigill

But will there be lawyers who know what we mean when we say we need an affidavit to prove our Indian Origin? What exactly are we supposed to say?

Bipat

I presume so, where are you based? Ours is a relatively small town but lawyer travels abroad himself so knows the problems.
He just made out a sheet giving OH life history, birth place, school record, college etc. and date of leaving India.

satigill

We are in Coimbatore, South India. Got it, so Find a lawyer, make a document with her history and get him to get the Magistrate to sign it !

Here goes !

Thank you.

satigill

Guess what? I called a couple of lawyers explaining I need this affidavit made and signed by a Magistrate.

They said........'Magistrates will not sign such things. Magistrates do not sign affidavits for these matters.'

I said the Indian Goverment is asking for this. People have got it done. He said no, they will not sign these things now. He said go to whichever office and call him from there, he will explain.

Looks like trouble ahead !

Bipat

A quick search found this link. I think it is a question and answer forum. (Could it be that your mother herself has to approach the lawyer?) Good luck.

http://www.lawyersclubindia.com/foru...rate-17192.asp

IndianFriend

Hello satigill,

Bipat has given you all the info. Just wanted to add on the query you had that Magistrates do not sign any certificates, affidavits, etc. This is done by either a NOTARY PUBLIC or, for less important matters by a SPECIAL EXECUTIVE MAGISTRATE (SEM). Now dont confuse the SEM with a Magistrate in a court. Notary Public and SEM are appointed by the Government just for attestations, verifications, etc. These persons are known persons in the areas they live in and so are easily accessible to you and me. They will only attest and verify your documents as "compared with originals and found to be correct".

For some very important matters, like your Mother's case, you need to file an affidavit under oath, which is a document which gives all the facts of the case and that has to be submitted in a Magistrate's Court, a Court of Law. This then becomes a complete authentic record. Its pretty simple to do this if you have a good Lawyer.

Hope this info helps. Cheers

dreadsoc

Hi Satigill

Just noticed you are a newish member so wanted to say welcome to BE.

Goodness me the process seems like a complex one, and like so much in India one outfit says one thing another says another and eventually everything sorts itself out............and there was me thinking a tourist visa was a complicated affair !
In my humble experience the Indian authorities seem to have a trie love of all things bureaucratic !!

Good luck with your quest...it will get sorted I am sure, but as with all things India it requires a lot of patience !

Dread - x

jack12

Hi I was hoping to get some help from anyone who has been in the same situation with a British Protected Pass passport or anyone who knows what to do.

Basically I have a British Protected Passport and I was wondering whether I would be able to apply for an OCI. I was an Indian Citizen before but I got a British Protected Passport and I have surrendered my Indian Passport. I have sent an email to the Indian embassy as there is no information regarding my situation on their website but I haven't got a response and its been over a month so I thought I would try and get some help over here. And also I have been to Indian Embassy in person , they themselves don't know whether I can get one. They referred me to an email for inquiries for OCI applicants, which is the same email I wrote to a month ago. So I really need help. Has anyone with a British Protected passport got an oci?

Any help given will be really appreciated . Thank You.

IndianFriend

Hello Jack

Welcome to BE. You could post this query in the India forum here http://britishexpats.com/forum/forumdisplay.php?f=169 and am sure you will get some responses that'll help.

AFAIK, yes you can apply for OCI. You've been an Indian passport holder, a person of Indian origin so you are 'eligible'. The procedure is fairly simple but it's going to take some time. Best you get it started early.

Check the posts on this topic above and in the India forum, you will get a fair idea of what needs to be done. Bipat and Dreadsoc have posted some very useful info.

Anything else you need, message me or the Forum Moderators mentioned at the end of the forum page.

Cheers

Bipat

Questions are-- Why do you have a British Protected passport? How do you usually travel to India? Have you had a visa? Do you have all the required evidence of Indian Origins?

jack12

Thank You all for your prompt replies.

In reply to Bipat's Questions,

I got a British Protected Passport because I was born in kenya. But I moved back to India with my family. I usually travel to India on a visa. Yes I had a visa to India, I didn't have any problem getting one. And yes I have all the required evidence of Indian Origin.

The only problem being I went to the Indian Embassy and they told me first that I have to get a Citizenship letter from the British Embassy stating I am citizen of Britain but I have a British Protected Passport which does not make me a British Citizen. I have gone to the British Embassy and they refused to give me such a letter as I am not a British Citizen. Then when I went to the Indian Embassy again, they told me they don't think a person with a British Protected Passport can apply for an OCI. So that's why I came here to see If there was anyone out there in a similar situation as me.

Bipat

Found the link below, I don't know whether it will help. I presume you need now to to acquire British citizenship/Nationality.

http://www.whatpassport.com/countrie...nya_by_Descent