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Inheritance by pakistani or pak origin people

(Querist) 09 June 2016 This query is : Resolved 
Sir, in 1969 my grandfather died who lived all his life in india after independence. He had six children five sons and a daughter. four sons of his and daughter had migrated to Pakistan and held that country's citizenship at the time of my grandfather death. my father never ventured outside and remained an Indian citizen throughout. grandfather left some rural property a potion of which was sold by father and given to them. some property remained unsold and in father's possession which was little more than he would have got if shares would have divided equally. an understanding or verbal arrangement was made that what's left behind is father's. father from 1969 till 2010(when he too died)remained in unchallenged possession of residual properties in all manners possible including selling, cultivating, getting cultivated, rent etc. from 2010 the properties passed onto me. in the meantime his siblings acquired Canadian citizenships. from 2015 onwards they have been telling me and the village elders that they want the property and shares and my father had already got his. now i am extremely worried and hassled. please tell me if they have any right or what my next move should be. won't any evacuees act or enemy act apply to them. are pakistani or pakistani origin people can claim property in india?
Guest (Expert) 09 June 2016
Enemy Property Act 34 of 1968 This act governs your problem additionally one ordinance is also issued recently that also governs the problem

Your case is similar to Saif Ali Khan (The actor) Nawab of Patudi

When recently Ordinance was issued legal situation of Saif which was mentioned in Times of India was that he was bound to loose all property which was owned by his close relative who migrated to Pakistan and that property will become national property due to ordinance.

Proper thing should be while replying I should read the act but due to tight schedule and opening of court now after vacation it is not easy to spare time but my previous reading on this matter now only two option are left,

Your relative who migrated to Pakistan should forget Property , you show every where you are only sole owner(Legal heir) and update all records etc.

If those who migrated to Pakistan they legally start claiming their rights in property situation due to ordinance etc. will be that property will become national property neither you nor your Pakistan relative will get anything and all will go custodian under that Enemy property act

(Please note while replying I did not study that act again , it was some casual reading which I did many months back so ans. may be wrong)

For correct ans person require to read 1) Enemy Property Act and latest ordinance and keep eye on changes being made in the act soon
Maharajaah (Querist) 10 June 2016
I think enemy property act applies to those who held property in their name but left it behind and as a result he became an enemy and his property enemy's property.

The original title holder never left the country and so didnt his one son and both were Indians throughout.


In this caseFEMA shall govern it. Which states a Pakistani or people of non-Indian origin can inherit immovable property in India with RBI permission. If i am not misinterpreting though i feel there's certain ambiguity.
Dr J C Vashista (Expert) 10 June 2016
Pakistan came into existence on 14th August, 1947 and grandfather of author migrated to Pakistan in the year 1969, implied he had inherited the property on Indian soil from his Indian ancestors. The issue is not covered under the provisions of Enemy Property Act 1968.

There are some more vital informations missing in the post.

Consult a local prudent lawyer with all relevant documents.
Maharajaah (Querist) 10 June 2016
J C Vashistha Sir, the grandfather never left the country, he died in 1969 let alone migrating...his all children (except my father who always remained inside in India) left the country.. what documents should i need?
Guest (Expert) 10 June 2016
On Land Records who is owner???

Definition under the Enemy Property act is

Enemy Property means by property for time being belonging to or held or managed on behalf of enemy , an enemy subject or enemy firm .

Maharajaah (Querist) 10 June 2016
on land records my father's name figures!

My grandfather never went even probably outside of his home state and he got the property from his ancestor.

now his sons and one daughter left for the other country while he was alive and healthy. Only my father stayed behind and never ever went outside of India.

he controlled property in every way after his father's death like selling, renting, cultivating, getting cultivated, paying taxes etc.

he too died in 2010 and then it passed under my control.

now this year, they have been threatening that they will evict me and take the property under their control.

Dr J C Vashista (Expert) 11 June 2016
The property inherited by your grandfather and passed on to your father (including his brothers & sisters) do come fall under the classification/definition of "Enemy" property.

Subject property was never left without possession by its rightful owners (by inheritance-descendants); which has now been transferred in your possession, but never left in the hands of governmental agencies/authorities; accordingly the property is "out" of /beyond the definition of "enemy" property.
Maharajaah (Querist) 11 June 2016
sir, since enemy status doesn't apply what moves, precautions, measures i should take to safeguard the property...

as i had told earlier that since the death of his father my father was in control of the property and father sold a part which was almost commensurate with their share and they took the money when they came or through any third party. so whatever was left was understood by all and accepted by all as belonging to my father.

now since the lands are costlier now the greed has set in and they are threatening me cease from taking any interest in the land.

what shall i do?
i am
Rajendra K Goyal (Expert) 11 June 2016
If any legal step is taken by them engage local lawyer and oppose their claim.
Guest (Expert) 11 June 2016
First transfer land record on your name .
Maharajaah (Querist) 12 June 2016
Sir,can oral Hiba alongwith adverse possession be made out...
Dr J C Vashista (Expert) 13 June 2016
1. What do you mean by oral "Hiba"? Is it applicable to Hindus or you are Muslim Mr. Maharaja Seth?
2. You have been provided with adequate FREE advise, consult and engage a local lawyer for further query and proceedings.
3. Stop this unending thread.
Maharajaah (Querist) 13 June 2016
Sir,This was on behalf of a friend who is not so adept in using Internet or English and not in a position for high fees and nervous. I am sorry. I thought this could help. I thought answers depend on individual discretion.


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