Legal Question in Real Estate Law in India

In 1969, my grandfather died and my father remained an Indian citizen. My grandfather had four other sons and a daughter who were Pakistan citizens at the time of his death later on they all acquired Canadian nationality. All the land holdings of my grandfather passed onto my father who controlled the land which included selling, getting rent, cultivating, or getting it cultivated. He was in full possession. In 2010 my father died as well. Till 2015 i too enjoyed full possession of the property. But now my Uncles and Aunt are threatening that i should give them their share or wwhatever remains as my father had already taken his share. I am confused and hassled. Do they have a legal right? Does any Enemy Act or Evacuees Act apply to them? I read somewhere that people of non indian origin can inherit property in India with RBI permission. I also read that citizens of Pakistan can only get a lease of 5 years. What about those Pakistanis who have acquired citizeaships of different countries? Please help and thanks in advance. I am sleepless.


Asked on 6/07/16, 1:56 pm

1 Answer from Attorneys

1) Yes. A non Indian citizen can inherit agricultural land in India from his/her parents.

2) Pakistani citizen has to obtain prior permission of RBI.

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Answered on 6/07/16, 9:11 pm


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