No legal bar for foreign national: High Court

THE ALLAHABAD High Court has observed that there is no legal prohibition in acquisition of property in India by a foreign national by inheritance. By making this observation, the court has held that Suhail Siddiqui, a Pakistani national, will succeed the property of his uncle Muslim Siddiqui (deceased) situated at Allahabad in India.

THE ALLAHABAD High Court has observed that there is no legal prohibition in acquisition of property in India by a foreign national by inheritance.

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By making this observation, the court has held that Suhail Siddiqui, a Pakistani national, will succeed the property of his uncle Muslim Siddiqui (deceased) situated at Allahabad in India.

The court rejected the application of administrator general of Uttar Pradesh, requesting the court to issue a letter of administration to administer the estate of the deceased on the ground that he had died without having any issue.

It was also contended on behalf of the administrator general that Suhail Siddiqui had no interest in the property as his father, brother of the deceased Muslim Siddiqui, had migrated to Pakistan in 1947 and become a Pakistani national.

Delivering the judgment, Justice Sunil Ambwani held that Shuhail Siddiqui would succeed the property of his uncle in India subject to the permission given to him by the Reserve Bank of India for dealing with the property including its transfer.

The court also dismissed the testamentary suit of one Bhai Lal Shukla who had claimed his property on the basis of a Will dated August 17, 1995 alleged to have been executed in his favour.