Legal Question in Wills and Trusts in India

My question pertains to the rights of inheritance of non-Indian nationals (specifically Pakistani and US citizens) in property owned by an Indian national, in this case my grandmother.

My father was born and raised in India, and migrated with his family to Pakistan in 1956, and subsequently acquired Pakistani citizenship. His mother (my paternal grandmother) and his siblings (my aunt and uncles) remained behind in India.

My grandmother died intestate in 1971. Her estate consisted of the 1/8th share of her husband�s (my grandfather�s) substantial immoveable estate that she inherited under Muslim inheritance laws.

When my father tried to assert his claim on his portion of his mother�s assets, his Indian siblings refused to give him his due share on the assertion that on his migration to Pakistan, he forfeited his right to inheritance under Indian inheritance laws.

My father for various reasons did not pursue his claim in court. So my first question is:

1) Does a Pakistani automatically forfeit his rightful share of inheritance according to Sharia laws from an Indian national?

I have read the FEMA Act of 1999 (as well as the preceding FERA laws). According to my understanding, a Pakistani or a person of non-Indian origin (PIO) is entitled to inherit immoveable property in India from an Indian national with prior permission of the Reserve Bank of India. So let�s assume we get a revised succession certificate listing my father as an heir, can we then petition the RBI to permit the property to be inherited?

Now fast forward to the present. My father died in Pakistan in 2004. During this period, some of my siblings have acquired US citizenship, others remain Pakistani. On my father�s demise, we again approached our Indian uncles and aunts for our inheritance rights from our grandmother�s estate. We were again denied on the grounds that my father being Pakistani is not entitled to anything. So the second question is:

2) Does the fact that some of us siblings having acquired US citizenship mitigate against the previous denial based on my father�s nationality? Or have we forever relinquished all our rights of inheritance?

Thanks very much in advance for your assistance,


Asked on 4/14/10, 2:20 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in your situation, mere change in nationality does not take away the right in property acquired by birth. your father has all the right to inherit the property and is entitled to seek partition of the same as your grandmother died intestate. there is no law restraining any person who was born in India, to hold the property through inheritance.

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Answered on 4/15/10, 12:28 am


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