Inheritance left in India - Query from a Pakistani citizen
7 months ago
Hello. My question is related to a number of properties that my grandfather's brother left after he passed away. My grandfather moved to Pakistan in 1947 but he remained in India. He only had one daughter, who sadly passed away as well recently. My father now is the only rightful heir to all the inheritance. My question is: If my father is a Pakistani citizen, can he fight the case in court, and if he wins it, will he be able to transfer the property in his name? Can it be sold in India thereafter? Thank you for your advice.
Kind regards
Dr. A Hussaini
A.Dear Client
According to Indian law, a non-resident Indian (NRI) or a person of Indian origin (PIO) is permitted to inherit any immovable property in India, including agricultural land or a farmhouse, which they are otherwise not entitled to acquire by way of purchase
Therefore, your father, being a Pakistani citizen, can inherit the property left by his uncle in India, subject to certain conditions. The Hindu Succession Act, 1956 governs non-testamentary or intestate inheritance for Hindus, Jains, Sikhs, and Buddhists, while for Muslims, the Muslim Personal Law Application Act, 1937 applies.
If your father wins the case in court, he will be able to transfer the property in his name and sell it in India thereafter
However, it is important to have proper documentation and follow the correct procedure of inheritance to avoid any legal complications
According to Indian law, a non-resident Indian (NRI) or a person of Indian origin (PIO) is permitted to inherit any immovable property in India, including agricultural land or a farmhouse, which they are otherwise not entitled to acquire by way of purchase
Therefore, your father, being a Pakistani citizen, can inherit the property left by his uncle in India, subject to certain conditions. The Hindu Succession Act, 1956 governs non-testamentary or intestate inheritance for Hindus, Jains, Sikhs, and Buddhists, while for Muslims, the Muslim Personal Law Application Act, 1937 applies.
If your father wins the case in court, he will be able to transfer the property in his name and sell it in India thereafter
However, it is important to have proper documentation and follow the correct procedure of inheritance to avoid any legal complications
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