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Rahul (Manager)     17 December 2012

Citizenship status

Dear Sir,

 First of All, I must Thank you for having such a wonderful work done by you by creating this website

I am looking for an answer........

I am writing this for my friend by quoting me insted of him

My parents are of Indian Origin and long back sattled in Uganda in 1955. Me and my three brothers and sisters born in Uganda, so since birth, we hold uganda citizenship and by choice British Citizenships.

During Idi Amin's Expulsion, we migrated to Britain and there after we two brothers migrated to USA. Currently we all are holding British and USA Citizenships.

We are having one ancestral land in india in the name of my other brother who initially never left india and we have waived our rights in his favor in 1979. We are now looking forward to have our rights back through legal Suit. But my question here is being born in Uganda & than migrated to Britain and USA, do we have Indian Status of NRI being ancestral Indian parents? Can we hold, buy or sale Property in India?

Please advise, as it is very useful to me

Thanks

 

 



 3 Replies

Tajobsindia (Senior Partner )     19 December 2012

1. In past if you were an Indian Citizen or your father was, or your grand father was or even great grandfather was, then you are a Person of Indian Origin (PIO in short hereinafter) according to the Reserve Bank of India guidelines in reference to context (property).

2. However in reference to context (related facts herein) even if you are not an Indian Citizen currently you can contest transfer / receive / sell share of stated property giving a General Power of Attorney to anybody who is in
India
(provided that the said property is not an agricultural land). But based on experience personal (physical) watch (i.e. filing followed by few admission hearing of such case) are required then dependent upon solely on a SPoA.

3. Do note beforehand that the Registration laws for SPoA have different Rules and Regulations depending on the States and nature of property (land / dwelling / building ?).

 

4. It is always advisable to get a PIO Card from the nearest Indian Embassy / High Commissions Office closest to your current living State, so that you do not face any kind of hassle in future in reference to context.

Lastly in reference to context, nationals of Indian origin can also apply for a dual citizenship of
India
as well as the country of your current residence. In one of my last month’s post I wrote few tips in Family Law forum on PIO / OCI Card, just refer to them and in case clarity required on how to get PIO / OCI Card do let me know those as well.

Finally I have not expressed single opinion if you people have any rights now left or not. For that discussion needs more specific details and it is too early to give any opinion on it.

[PIO = Person of Indian Origin
OCI – Overseas Citizen of
India

NRI = Non Resident Indian
SPoA = Special Power of Attorney]

Rahul (Manager)     19 December 2012

Dear Sir,

Thanks for your valuable information.

Firstly it is an agriculture land situated in State of gujarat where in Only Farmers registered in Gujarat can buy,hold or sale the land.

Can i know what are the rules and regulations for gujarat state? is there any refrence material available?

How the Spoa Rules applicable in state of Gujarat?

Please advise

Regards

Rahul 

Tajobsindia (Senior Partner )     20 December 2012

 

Originally posted by : Rahul

 

XXX

1. Can i know what are the rules and regulations for gujarat state? is there any refrence material available?

2. How the Spoa Rules applicable in state of
Gujarat?

 

@  Rahul,

We replied to your opening query and herein we are replying not to your two above queries but the most crucial one in reference to your total facts which is que. # 1. Reason being too much knowledge sharing in quick succession is most often never acted upon by client(s) and it just lies in some laptops hard disk if shared via internet! I am aware this may sound blunt but that is the way beliefs are in legal matters when internet is preferred medium.

Above being material here I have annexed a PDF file which not only answers above question 1 but it answers much more than what you can seek in mediocre Chamber discussions and is applicable to whole of India and is not confined to Gujarat State BTW.

Our only concern right now is getting PIO Card which itself in reference to context is not going to be easy one and as we gave inputs specific to PIO card in our very previous reply which you read but omitted asking more about PIO card yet ended up asking about the agriculture land which to us is all right a question as people like main question answered first then seek remedies for other associated once but in your presented case PIO card is more worry some at such belated stage being resident citizen out of India and once you people manage PIO card and assimilate the annexed most up-to-date RBI guidelines in reference to context to your main worry do let me know I will reply to your leftover question # 2 which is the most easiest once in reference to context to reply along with what Section of Indian Succession Act (law in reference) may be applied at such belated stage to challenge the property in question. Your journey to retrive back land share starts only via having first PIO Card in today’s date and before that it does not help giving more details.

You may read down my reply in which ever mood you may prefer but that is the way I give opinion putting myself first in client shoes than give over simplified opinion in one shot which most often never works via internet ……………...

All the best on making effort to acquire PIO card first in exactly under next 6 months for a simple fact the annexed reference material which is crucial in your propsective cause title suite matter (court case) may become obsolete by coming July 2013.

 


Attached File : 176933148 master circular on acquisition and transfer of immovable property in india by nris pios foreign nationals of non-indian origin.pdf downloaded: 57 times

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