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Can Obtaining Foreign Citizenship affect rights to ancestral property
27-Mar-2025 (In Property Law)
My Father In Law, mother in law and Husband passed away and did not leave a will. I am a Foreign Resident, If I obtain Foreign citizenship and give up Indian citizenship, will that affect my or my children's rights to the share in father-in-law's property under Hindu Undivided family law or otherwise?
Citizenship does not play a role in determining inheritance rights under the Hindu Succession Act for you or your children, even if both are minors. When assessing your and your children's share of the inheritance, it is essential to consider the relationships and rights of your late husband's siblings and your father-in-law's siblings, as their presence can significantly influence the distribution of the estate. Factors such as the existence of a will and any specific bequests also come into play. If you provide more information about your family structure and the circumstances surrounding the estate, I would be happy to offer a more detailed consultation to clarify your situation further.
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Adv. Yaashna Thakran
Delhi | 25+ Answers
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Dear Ma'am,
Under Hindu Succession Law, the inheritance rights of legal heirs are not affected by their citizenship status. Since your husband has passed away and there was no will, the property will be inherited by Class I heirs, which include you and your children. Renouncing Indian citizenship will not take away your legal right to inherit ancestral or self-acquired property. However, as a foreign citizen, there may be restrictions on owning agricultural land. If the property includes agricultural land, you may need to dispose of it as per FEMA regulations. You may consult me in private for further clarification and compliance with legal requirements.
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Adv. Adarsh Kumar
Delhi | 100+ Answers
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As per Indian Law, there is no bar basis change in citizenship, the property will be inherited by you and your family as per succession rules i.e., the property will devolve upon the class 1 legal heirs. There will be no change in the same even if there is any change in citizenship.
Feel free to get in touch for further discussions.
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Adv. Abhinav Sharma
Delhi | 500+ Answers
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Hi. The answer to that question depends on the nature of property, competing interests and the country who's citizenship you are considering. Please get in touch to take this further through telephonic or VC mode.
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Adv. Himanshu Suman
Delhi | 5+ Answers
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You n your children will always have rights in the property of your Deceased husband as per Hindu succession act if you are Hindu
You need to hire expert advocate in this regard !
Thanks n b in touch to understand the legalities
Thanks
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Adv. D. Khan
Delhi | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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