CV Balasubramanyam (Army Officer) 22 February 2014
Recently my Father in law died. In his will he has left portion of the House to his three daughters to be jointly held. One of the daughter is a Canadian citizen not holding an Indian Passport. She was born and raised in India. Can her name be included in the transfer of the property
adv.raghavan (Advocate,9444674980) 23 February 2014
Technically, any individual is entitled to receive, including by inheritance, property situated in India regardless of his residency or citizenship. But – and here is the problem - the transfer of ownership, and the holding of the property, must adhere to the Foreign Exchange Management Act (FEMA).
T. Kalaiselvan, Advocate (Advocate) 24 February 2014
Though the daughter is a Canada citizen, the fact that she is the daughter of the deceased cannot be denied as well her share in the property bequeathed by her father through his will. Since she is eligible for a share and right in the property, what is your question about transfer of property?
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