If you are stuck in such a situation, here is what to do.

Mr. Aarav Thapa, a citizen of Nepal residing in Pokhara, finds himself in a complex legal situation. His grandfather, the late Mr. Vikram Singh, was an Indian citizen who owned significant ancestral property in Chandigarh, including a family home and agricultural land. After his grandfather’s passing, Mr. Thapa learned that his uncles, Rohan and Suresh Singh, who are Indian citizens, have taken control of the entire property and are denying him his rightful share. They claim that as a Nepali citizen, he has no right to inherit property in India. Mr. Thapa is seeking to understand his legal rights and the correct procedure to claim his inheritance against his uncooperative relatives.

Advice in such cases

Navigating cross-border inheritance disputes requires a careful and strategic approach. Here are the recommended steps:

• Gather Documentation: The first step is to collect all possible documents that establish your lineage and the nature of the property. This includes your grandfather’s death certificate, property title deeds, municipal records, and documents proving your relationship with him (like birth certificates).
• Attempt an Amicable Settlement: Before initiating legal proceedings, it is often wise to attempt a resolution through mediation or dialogue. This can be done through a neutral third party or a formal letter outlining your claim.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
• Send a Legal Notice: If amicable talks fail, the next step is to have your lawyer send a formal legal notice to the other family members. This notice will detail your claim to the ancestral property and state your intention to pursue legal action if your share is not granted.
• File a Partition Suit: If the legal notice does not yield a positive result, your final recourse is to file a suit for partition and possession in the competent civil court where the property is located.

Applicable Sections of Law

The legal framework for such a case involves multiple statutes:

• The Hindu Succession Act, 1956: This is the primary law governing the inheritance and succession of property for Hindus, Buddhists, Jains, and Sikhs. Ancestral property devolves by birthright, and as a legal heir, you are entitled to a share regardless of your citizenship.
• Foreign Exchange Management Act (FEMA), 1999: While FEMA generally restricts foreign nationals from acquiring property in India, there are specific provisions and RBI regulations that permit a person residing outside India to inherit property from a person who was a resident of India. Citizens of Nepal are often treated at par with Indian citizens for certain transactions, and inheritance is generally permissible.
• Code of Civil Procedure, 1908: This code outlines the entire procedure for filing and conducting a civil suit, including a suit for partition, from the presentation of the plaint to the final decree and execution.

If you are the complainant

If you are in Mr. Thapa’s position and need to initiate legal action, here is the path forward:

• Document Consolidation: Work with your family in Nepal and contacts in India to create a comprehensive file of all relevant documents. Ensure you have certified copies where possible.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
• Engage a Reputable Lawyer in India: You will need to hire a civil lawyer based in the city where the property is located. Provide them with a Power of Attorney to act on your behalf in court proceedings.
• File a Suit for Partition: Your lawyer will draft and file a “plaint” (a legal document stating your claim) in the appropriate civil court. The suit will seek a court order to partition the property and grant you physical possession of your share.

If you are the victim

Being wrongfully denied your inheritance can be emotionally and financially distressing. As the victim of this civil wrong, you should:

• Act Promptly: Do not delay in asserting your rights. The law of limitation prescribes a time limit within which you must approach the court.
• Maintain Records: Keep a detailed record of all communication with your relatives regarding the property, including dates, times, and the content of conversations.
• Follow the Legal Process: Avoid resorting to force or any illegal means to take possession of the property. The only sustainable way to secure your rights is through the judicial system.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

It is crucial to understand that property inheritance disputes are primarily civil in nature. The police have a very limited role. If you approach the police, they will likely inform you that they have no jurisdiction over civil matters and will advise you to approach the civil court. Police intervention is only warranted if a specific criminal offense is committed, such as forgery of property documents (an offence under the Bharatiya Nyaya Sanhita, 2023), criminal trespass, or if there is a threat to life or physical assault. In such a scenario, a separate FIR can be filed, but it will not resolve the core issue of property partition.

FAQs people normally have

What evidence is required?

To successfully claim your share in an ancestral property, you will need to provide strong evidence to the court. Key documents include:

• Proof of Property Ownership: Title deeds, sale deeds, or any government record (like a Jamabandi or Record of Rights) in the name of your grandfather or great-grandfather.
• Proof of Lineage: A legally prepared family tree (pedigree) supported by documents like birth certificates, school records, or passports that establish your relationship with your grandfather.
• Death Certificate: A certified copy of your grandfather’s death certificate.
• Proof of Identity: Your citizenship documents and passport to establish your identity.

How long will the investigation take?

Since this is a civil matter, there is no “investigation” in the way police conduct one. The process is called “litigation” or a “trial.” A suit for partition in India can be a lengthy process. It involves several stages, including filing the suit, serving summons to the other party, filing of written statements, framing of issues by the court, presenting evidence, cross-examination of witnesses, final arguments, and then the judgment. Depending on the complexity of the case and the caseload of the court, this process can take anywhere from a few years to over a decade, especially if the judgment is appealed in higher courts like the High Court and the Supreme Court.

Advocate Sudhir Rao, Supreme Court of India