Skip to main content

No Prohibition For Succession Of The Property In India By A Foreign National By Inheritance

In B.C. SINGH vs J.M. UTARID, the issue before the Supreme Court was whether a foreign national can inherit property in India.

BC Singh and his wife SL Singh were Christians. After his wife expired, BC Singh (Plaintiff) filed a suit against one JM Utarid (defendant) for possession of the property and for damages on the ground that they were the licensees in respect of the suit property and that their license had been terminated. The suit got dismissed and later the high court upheld the dismissal.

Before the apex court assailing the high court order, plaintiff contended that he was the sole owner of the property. It was also contended that the first defendant was a distant kindred as compared to Ida Utarid, real sister of Dr SL Singh, and though Ida Utarid was a foreign national, there was no bar for her to succeed to her share in the property of her deceased sister Dr SL Singh.

The counsel appearing for the defendant contended that Ida Utarid is not entitled to succeed to the estate of Dr SL Singh as she is a Pakistani national and the defendant being the kindred of deceased Dr SL Singh are entitled to 1/4th undivided share in the suit property.

The Supreme Court held that Dr. S.L. Singh is admittedly an Indian Christian. Therefore, the Indian Succession Act, 1925 would be applicable to the succession of the property left by her. This Act does not bar the succession of property of any Indian Christian by a person who is not an Indian national. There is no prohibition for succession of the property in India by a foreign national by inheritance.

Referring to provisions of the Indian Succession Act, the bench observed that when intestate has not left behind any lineal descendant and has only kindred, the nearer kindred excludes the distant kindred. It also held that the first defendant being a distant kindred is not entitled to succeed any share in the property since the intestate has left behind her real sister.

In the instant case, Dr. S.L. Singh has left behind her sister, Ida Utarid. She has not left behind any lineal descendant. Ida Utarid was the only near kindred and preferential heir of the intestate and she would have succeeded to 1/4th share in the property.

Comments

Post a Comment

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...
Post a Comment
Read more

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...
1 comment
Read more

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...
1 comment
Read more