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

A gentleman named Mr. Alok, a citizen of the neighbouring country of Rupadesh, finds himself in a distressing and complex family property dispute. His late grandfather was a person of substance, holding properties in both his home country, Rupadesh, and in the city of Jayanagar, India. The grandfather reportedly held citizenship in both nations.

The core of the conflict lies with Mr. Alok’s uncle, Mr. Brijesh. It is alleged that Mr. Brijesh has managed to acquire citizenship for both Rupadesh and India, a status that complicates his legal claims. Mr. Brijesh is now asserting a right to a share in the properties located in both countries. He has proposed that Mr. Alok take the Indian property, while he takes the property in Rupadesh, but he simultaneously insists on also receiving a share from the Indian property. This one-sided proposal has created significant tension, leaving Mr. Alok feeling cornered and legally overwhelmed. He wishes to secure his rightful inheritance without getting entangled in a prolonged and messy legal battle that could derail his career aspirations.

Advice in such cases

When dealing with a cross-border inheritance dispute, the situation requires careful and strategic handling. Here are some key steps to consider:

• Ascertain the nature of the properties in India. Determine whether they are ancestral or self-acquired by the grandfather, as this will dictate the rules of succession.
• Determine if the grandfather left a Will (testamentary succession). The existence of a valid Will can simplify the distribution process significantly. If there is no Will (intestate succession), the property will be divided according to the applicable personal laws.
• Understand the legal framework. The inheritance of property in India is governed by personal laws (like the Hindu Succession Act, 1956) and the Indian Succession Act, 1925. Additionally, the Foreign Exchange Management Act (FEMA), 1999, governs how a foreign national can inherit and hold property in India.
• Address the citizenship issue. India generally does not permit dual citizenship for adults. The legal status of the uncle’s Indian citizenship needs to be verified, as it is a critical factor in his 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

Applicable Sections of Law

Such cases are primarily governed by civil laws rather than criminal statutes. The key legal provisions include:

• The Hindu Succession Act, 1956: If the family is Hindu, this Act will govern the distribution of property in the absence of a Will.
• The Indian Succession Act, 1925: This Act applies to testamentary succession (where there is a Will) and also to intestate succession for communities not covered by personal laws.
• The Foreign Exchange Management Act (FEMA), 1999: This legislation, along with RBI regulations, outlines the rules for a person resident outside India inheriting and holding immovable property in the country.
• The Citizenship Act, 1955: This Act is relevant for verifying the citizenship claims of the parties involved, particularly the uncle’s alleged dual citizenship.
• Bharatiya Nyaya Sanhita, 2023 (BNS): While the matter is civil, if elements of fraud, forgery of documents, or criminal intimidation are involved, relevant sections of the BNS, such as Section 318 for cheating, could become applicable.

If you are the complainant

If you are in Mr. Alok’s position and need to assert your rights, you should take the following steps:

• Gather all documents related to the Indian properties, including title deeds, sale deeds, property tax receipts, and mutation records.
• Compile documents that establish your lineage and right to inheritance, such as birth certificates, your grandfather’s death certificate, and any other proof of relationship.
• Document all conversations, messages, and emails with the opposing party (your uncle) regarding the property dispute. This can serve as evidence of his intentions and claims.
• File a suit for partition in the civil court that has jurisdiction over the location of the Indian property. This legal action will seek a court-ordered division of the assets.
• 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

If you are the victim

As the person whose rights are being infringed upon, it is crucial to act decisively to protect your interests:

• Immediately secure all original documents related to the property. Do not hand them over to anyone without legal advice.
• Do not sign any documents, such as a relinquishment deed, family settlement agreement, or Power of Attorney, under emotional pressure or without your lawyer’s review.
• Your lawyer can send a formal legal notice to the uncle, clearly stating your claim and warning him against any illegal actions concerning the property.
• Consider seeking an injunction from the court to prevent the uncle from selling or creating any third-party rights over the disputed property while the case is pending.
• 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

Family property disputes are fundamentally civil in nature. The police have a very limited role and will generally not intervene unless a specific criminal offense is committed. If you approach the police, they will likely advise you to seek remedy from a civil court. However, police intervention may be warranted if there are instances of criminal trespass, forgery of property documents, illegal dispossession, or threats of violence. In such scenarios, you can file a formal complaint, but the core issue of ownership and partition will still be decided by a civil court.

FAQs people normally have

• Can a foreign citizen like a person from Rupadesh inherit property in India?
  Yes, a citizen of a foreign country can inherit immovable property in India from a person who was a resident of India. However, there are regulations under FEMA regarding the management, sale, and repatriation of funds from such property, which require compliance with RBI guidelines.
• What happens if the grandfather did not leave a Will?
  If there is no Will, the property is divided according to the laws of intestate succession applicable to the deceased’s religion. For instance, if the family is Hindu, the Hindu Succession Act will apply, and all legal heirs will have a share in the property.
• How does the uncle’s alleged dual citizenship affect the case?
  The Citizenship Act, 1955, does not permit dual citizenship for Indian adults. If the uncle has voluntarily acquired citizenship of another country, he may have automatically lost his Indian citizenship. His status as an Indian citizen or an OCI (Overseas Citizen of India) cardholder would be crucial in determining the extent of his property rights in India. This is a critical point to be investigated legally.

What evidence is required?

To successfully pursue a partition suit, you will need strong documentary evidence, including:

• The original title deeds of the property in Jayanagar.
• The death certificate of the grandfather.
• A legal heirship certificate or a family tree certified by a competent authority to establish the line of succession.
• Any Will, if one was made by the grandfather.
• Proof of citizenship for all parties involved, as it is a key factor in this case.
• Records of any communication or correspondence regarding the property division.

How long will the investigation take?

It is important to understand that this is a civil matter, not a criminal one, so there is no “police investigation” into the ownership dispute. The process involves filing a civil suit in court. Property partition suits in India can be time-consuming due to the procedural complexities and the potential for appeals. A straightforward case might be resolved in a few years, but a contested and complex case involving international parties can take much longer to reach a final resolution through the court system.

Advocate Sudhir Rao, Supreme Court of India