If you live in Germany and your Indian property is disputed, an Indian advocate can sue or defend in the court where the property lies. Because the apostille does not operate between India and Germany, your vakalatnama and affidavits are signed before a German notary, pre-certified by the competent German authority and then attested by the Embassy of India in Berlin or a Consulate General in Frankfurt, Munich or Hamburg. India is three and a half to four and a half hours ahead, so calls fit your morning.
- Document route
- German notary, pre-certification, then Indian mission attestation
- Time difference
- India is 3.5 hours (summer) to 4.5 hours (winter) ahead
- Main laws
- CPC 1908, Specific Relief Act 1963, Limitation Act 1963
- Signing abroad
- Notary plus apostille or Indian mission
Property Disputes from Germany: how it works
We study the title deeds, revenue records and any court papers, then talk through the background. Germany-based clients often report a relative who took over the family flat after a parent's death, a builder encroaching on a plot bought years ago, or a tenant claiming protection under an old tenancy. We then choose the remedy: declaration and injunction, possession, cancellation of a deed under the Specific Relief Act, or correction of a revenue entry, checking limitation for each.
The German legalisation route takes longer than an apostille, so we prepare documents in a form the notary, the pre-certifying authority and the Indian mission will each accept at the first attempt. The original then travels to India by courier. We file with an application for a temporary injunction to freeze the position and report after each hearing by email. If your evidence is needed, we ask the court to record it by video, avoiding a trip during the German working year.
What clients in Germany should know
- Germany objected to India's accession to the Apostille Convention, so German documents for Indian courts need pre-certification and Indian mission attestation instead of an apostille.
- Germany is not a reciprocating territory, so a German judgment cannot be executed directly in India; disputes over Indian land are decided by Indian courts.
- German residents are taxed on worldwide income, so any settlement payment or sale arising from the dispute may need to be declared to the Finanzamt.
Step by step from Germany
Video consultation
A call at a time that suits Germany, after we have read your documents.
Documents signed in Germany
German notary, pre-certification, then Indian mission attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Germany where needed.
The full guide
This page covers what changes when you are in Germany. For the law, the documents and the step-by-step procedure, read our main page on Property Disputes, or see all services for clients in Germany and the NRI Property Law practice area.
Questions from clients in Germany
Why can't I get an apostille in Germany for India?
Germany objected to India joining the Apostille Convention, so the convention does not apply between them. Documents are notarised, pre-certified and attested by the Indian mission.
Which Indian mission attests my documents?
The Embassy in Berlin or the Consulate General in Frankfurt, Munich or Hamburg, depending on where you live in Germany.
Do I need to travel to India for hearings?
Usually not. Your advocate appears, and courts often permit video evidence when your testimony is required.