Foreign national can inherit property in India: HC

By Staff
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Google Oneindia News

Allahabad, Nov 22 (UNI) In a significant judgement, Allahabad High Court has observed there is no legal prohibition in the acquisition of property by inheritance in India by a foreign national.

Justice Sunil Ambwani also held that Suhail Siddiqui, a Pakistani national, will succeed to the property of his late uncle, Muslim Siddiqui, situated at Allahabad.

The court rejected the application of Uttar Pradesh Administrator General (AG) to issue 'letter of administration' to administer the estate of the deceased on the ground he had died issueless.

It was also contested on behalf of the AG that Suhail has no interest in property as his father (brother of deceased) migrated to Pakistan in 1947 and became a Pakistani national.

Passing the judgement, Justice Ambwani held Suhail will succeed to the property of his uncle in India, subject to the Reserve Bank of India permission for dealing with the property and its transfer.

The court also dismissed the testamentary suit of Bhai Lal Shukla, who had claimed the property on basis of a will of August 17, 1995, alleged to be executed in his favour.

UNI XC VS VD DB2032

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