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Legal position in India

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Brocha
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Posts: 1
Joined: Tue Feb 14, 2017 12:12 pm
Location: india

Legal position in India

Post by Brocha » Tue Feb 21, 2017 2:05 am

I am a British citizen married to an Indian. I hold a PIO card that the government now requires one to convert to an OCI card
Can anyone advise me what one's status would be on the death of the Indian national Also what the status would be of property of Indian national as the marital home. There are no issue from this marriage, but there are children from the Indian national.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Legal position in India

Post by secret.simon » Tue Feb 21, 2017 4:38 pm

Have you ever held Indian citizenship yourself or are you a PIO/OCI purely due to your spouse?

This page on the website of the Indian Embassy in the Hague may give some clarity.

As regards property in India, the focus of these forums is immigration, primarily to the UK and this may not be the best place for a question on what seems to be inheritance law. The issue is complicated by whether your Indian spouse is domiciled in India or the UK and which court or courts would have jurisdiction to prove the will. And in India, inheritance laws are based on personal (i.e. faith-based) law, except if your spouse is Goan, in which case they are based on Portuguese law. As you can see, you are dealing with a legal quagmire. It may be in your best interests to consult lawyers in both India and the UK competent in inheritance law.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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