• Citizenship from maternal grandfather.

If my mother is a Indian citizens(From Assam). And also my maternal grandfather is also a Indian citizens(From Assam). Do i automatically become a Indian Citizen? My date of birth is 09.02.1996.(My father is also a Indian citizen but please answer only referring to my maternal side)
Asked 4 years ago in Constitutional Law

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11 Answers

Hello,

If wither of the parents are Indian citizen then the child may acquire the Indian Citizenship.

refer to the following judgment:

https://indiancitizenshiponline.nic.in/acquisition1.htm

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir if your mother is Indian citizen and you are born in India then in that case you shall be a Indian citizen.As according to citizenship act any person born in India and either parent is coticen of Indian then the person is citizen of India.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

For any complaint/ query with regards to the NRC first complaint has to be made online at http://nrcassamcomplaints.in/complaints/add, if the same is not resolved properly then you may approach the HC, otherwise the HC will dismiss the writ on the ground of alternative remedy.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir the NRC register is maintained for all genuine citizens of the India. So if name is there then no risk of same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

To apply for inclusion in the NRC, one’s name or one’s ancestor’s name must be in the 1951 NRC or in any voter list up to the midnight of March 24, 1971

2) the applicant’s name is not on any of these lists, he can produce any of the 12 other documents dated up to March 24, 1971, like land or tenancy record, citizenship certificate or permanent residential certificate or passport or court records or refugee registration certificate

3) the applicant’s ancestor’s name is on any of these lists, the applicant will have to prove his relationship to his ancestor by producing his board or university certificate, ration card or any other legally acceptable document

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

You are at liberty to file writ in HC if your application for citizenship is rejected

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

The issue of citizenship in India has been rendered very complex by a thicket of laws, rules and executive fiats. Article 6 of the Constitution says anybody from East or West Pakistan who enters India after July 19, 1948 must apply for citizenship. Citizenship is also governed by the Foreigners Act of 1946, the Passport Act of 1952, and the Citizenship Act of 1956. Besides naturalisation, until January 1, 1987, every person born in India was automatically conferred citizenship. Then the rules changed and until December 3, 2004, at least one parent had to be a citizen for a baby to be Indian. After that date, if one parent was an illegal immigrant the child would not be eligible for citizenship.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hi,

There are specific requirements of inclusion of name in NRC and if you satisfy that you name would be surely included in that.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If you are born in India or any of your parents are bodn in india then you get indian citizenship.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Any person born in India on or after 26 January 1950, but prior to the commencement of the 1986 Act on 1 July 1987, is a citizen of India by birth. A person born in India on or after 1 July 1987 is a citizen of India if either parent was a citizen of India at the time of the birth.

T Kalaiselvan
Advocate, Vellore
78096 Answers
1543 Consultations

5.0 on 5.0

Can I file a petition to the High Court to prove my citizenship if my citizenship was at a threat because of Inclusion of my name in the National Registrar of Citizenship in Assam(NRC).

Which is the place of your birth?

Indian nationality law largely follows the jus sanguinis (citizenship by right of blood) as opposed to the jus soli (citizenship by right of birth within the territory).

The Citizenship Act, 1955

Emblem of India.svg

An Act to provide for acquisition and determination of Indian citizenship.

Citation Act No 57 of 1955

Enacted by Parliament of India

Date assented to 30 December 1955

Amends

The Citizenship (Amendment) Act, 1986, the Citizenship (Amendment) Act, 1992, the Citizenship (Amendment) Act, 2003, and the Citizenship (Amendment) Act, 2005

Summary

Along with the Constitution of India, the Citizenship Act, 1955, is the exhaustive law relating to citizenship in India.

The conferment of a person, as a citizen of India, is governed by Articles 5 to 11 (Part II) of the Constitution of India. The legislation related to this matter is the Citizenship Act 1955,

Persons domiciled in the territory of India as on 26 November 1949 automatically became Indian citizens by virtue of operation of the relevant provisions of the Indian Constitution coming into force, and most of these constitutional provisions came into force on 26 January 1950.

Persons born outside India on or after 10 December 1992 are considered citizens of India if either of their parents is a citizen of India at the time of their birth.

T Kalaiselvan
Advocate, Vellore
78096 Answers
1543 Consultations

5.0 on 5.0

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