pakistani citizens inhiritence rights in india.

Querist : Anonymous (Querist) 04 November 2010 This query is : Resolved
sir my aunty went to pakistan in in 1948 along with her husband & children.Got one of her daughter married to a indian citizen in 1965,now she is staying i india.the property of her father was divided between her mother & other children by partition deed in 1967.now my aunts daughter who is staying in india has filed a partition suit claming her mothers share in the property in 2010.she has got power of attorney of her brothers & sisters who are citizens of pakistan.

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bhagwat patil (Expert) 04 November 2010
she will not get anything,it wii atract ENIMIES PROPWERTY ACT.

Khaleel Ahmed (Expert) 04 November 2010
The provided details or insufficient to advise. However the property in India belongs to Indian migrants to pakistan comes under evacue propety. There is no question of partition or power of attorney.

s.subramanian (Expert) 04 November 2010
This query requires deep consideration of a few intricate legal points. Even though I agree with Mr.Khaleel on the point that it is an evacuee property,I would like dweleve deep into this legal issue before giving my final opinion.Kindly bear with me Mr.Author.

Querist : Anonymous (Querist) 04 November 2010
mr.sub ramanian my aunts father i.e my grandfather died in 1963,without making a will,the property was divided in1967 between my grandmother,her 6 sons & 1 daughter who were all staying in india,my aunt who was in pakistan had full knowladge of it.she did not ask for anything when she was alive.she expired in 1994 at karachi in pakistan.after her death,my aunts daughter who is staying in india went to pakistan in 1997,got POA from father ,brothers & sisters.now she has filed a partition suit in the court.

Querist : Anonymous (Querist) 04 November 2010
the property here is plantation land(agriculture land)

niranjan (Expert) 04 November 2010
Neither it could be evacuee property or enemy property because after partition the property could be in possession of heirs and as per the author,grandfather was in India and had partitioned the property in 1967.Had there been no legal heirs,the property could have been declared evacuee and it could have been in possession of the custodian,i.e. collector. Had this property been declared evacuee,legal heirs would have had to approach Collector for releasing the property.Since aunt has migrated to Pakistan,she cannot have any share in the property.