Affidavits for NRIs in HongKong

An affidavit attested by the Consulate General of India (CGI), Hong Kong is commonly required for Non-Resident Indians (NRIs) selling property in India so that a sworn statement executed abroad is legally valid and accepted by Indian authorities. 

cgihk.gov.in

Why it is needed?

NRIs living in Hong Kong cannot always appear in person before the Sub-Registrar (or other Indian authorities) for property registration, title verification, or related formalities. Indian authorities (Sub-Registrar offices, buyers’ lawyers, banks, municipal bodies, or tax authorities) generally do not accept unauthenticated documents signed abroad because of fraud and identity risks.

An affidavit is a sworn declaration (e.g., confirming clear title/no encumbrances/litigation, ownership details, NRI/OCI status, FEMA compliance for the transaction and repatriation of proceeds, name consistency, consent of co-owners, or other facts specific to the sale). When the NRI signs it in the presence of a Consular Officer at the Indian Consulate, the Consulate attests the identity of the signatory and the voluntary execution. This makes the document authentic and usable in India.

Important Hong Kong-specific point:

The Hague Apostille Convention does not apply between China (including Hong Kong) and India due to objections raised. Therefore, simple apostille of a Hong Kong-notarised document is generally not sufficient for use in India. Consular attestation by CGI Hong Kong is the reliable route.

(Note: Clients sometimes use the word “affidavit” loosely when they actually need a Special Power of Attorney (SPA) for sale. An SPA is more common for remote sales so a trusted person in India can sign the sale deed, receive consideration, etc. CGI Hong Kong also attests PoAs. Clarify with the client whether they need a pure affidavit, an SPA, or both.)Typical procedure & requirements at CGI Hong KongCGI Hong Kong offers a specific service for Attestation of Affidavits (for Indian passport holders). The applicant must sign the affidavit in the presence of Consulate staff.

Key steps:

1. Draft the exact affidavit content required for the Indian transaction (state-specific and property-specific; generic templates often fail at the Sub-Registrar).

   
   

2. Book a prior appointment online at the CGI Hong Kong portal (https://appointment.cgihk.gov.in).

   
   

3. Appear in person at the Consulate (Unit-D, United Centre, 95 Queensway, Admiralty) during submission hours with complete documents.

   
   

4. Sign the affidavit before the Consular Officer; the Consulate attests it.

   
   

5. Collect the attested document (normal processing is usually one working day; express option available for extra fee).

   
   

6. Courier the original attested affidavit to India. It may still need stamping/adjudication under the Indian Stamp Act (within the prescribed time after arrival, typically three months) and acceptance by the local Sub-Registrar or other authority.

   
   

Typical documents required (confirm latest checklist on cgihk.gov.in as rules can be updated):

• Duly filled application form.

• The affidavit itself (in duplicate / as per Consulate format – they accept general declarations; specific birth/marriage templates also exist but a custom property-related one is fine if properly worded).

• Photocopy of Indian passport (biodata pages) + original for verification.

• Photocopy of Hong Kong/Macau ID (and valid visa if not a permanent resident) + original for verification.

• Recent Hong Kong address proof in the applicant’s name (utility bill, bank statement, etc., usually not older than 3 months).

• Photocopy of the appointment letter.

• Fee: approximately HKD 172 (plus any express fee). Payment details as per current Consulate instructions.

• Applicant presence is mandatory. All photocopies are normally self-attested.

For foreign-passport holders the process differs slightly (prior local notarisation is often required). Always check the latest “Miscellaneous Consular Services” page on the official CGI Hong Kong website.

How you can help the client?

You can provide end-to-end practical support so the client does not face rejection or delays in India:

• Clarify the exact document needed — Ask for details of the property (location/state), whether they will be present for registration or need a representative, any buyer requirements, and whether title is clear. Advise whether a pure affidavit, Special Power of Attorney, or both are required.

• Draft the affidavit (and/or SPA) in precise legal language that Indian Sub-Registrars and lawyers will accept. Include full property description, specific declarations needed under local stamp/registration rules, FEMA/RBI compliance language if relevant, and proper verification clause.

• Guide the Consulate process — Provide a ready checklist, help fill forms if needed, and advise on appointment booking and what to carry.

• Coordinate the Indian side — Once the attested document arrives:

  • Arrange stamp-duty adjudication/registration of the PoA (if used) within the time limit.

  • Handle sale-deed drafting, buyer due diligence support, registration formalities.

  • Advise on NRI tax compliance (TDS under Section 195, possible lower-deduction certificate, capital-gains computation, Form 15CA/15CB for remittance, PAN requirements, etc.).

  • Assist with repatriation formalities under FEMA (sale proceeds normally credited to NRO account first).

• Act as (or coordinate with) the attorney-in-fact if a PoA is executed in your favour or a trusted person’s favour.

• Risk mitigation — Flag common pitfalls (old or general PoAs being rejected, missing stamping, name mismatches, incomplete title documents, higher TDS without PAN, etc.).

In short: the Consulate-attested affidavit (or PoA) converts a private declaration made in Hong Kong into a document Indian authorities will rely on.

Your value is in making the content correct for India, guiding the client through the Consulate steps, and ensuring the downstream sale, tax, and remittance process runs smoothly without the client having to travel. Recommend the client also share the exact requirement raised by their Indian lawyer, buyer, or Sub-Registrar so the affidavit can be tailored precisely. Always cross-check the latest CGI Hong Kong website and appointment portal before proceeding, as fees, forms, and minor procedural details can change.

The process remains almost similar for different countries.