you will continue to have share in ancestral property.
you will not lose the land standing in your name after you become a foreign citizen
OCI card holder
I will be applying for OCI Card ( Overseas Citizen of India) after having New Zealand Passport . Currently i am having Indian passport and have ancestral land in Shimla district in my name , brother and mother after my father expired. I wish to ask once I have New Zealand passport and India OCI card will i be able to keep that ancestral property in my name and can have my share through mutual division or through court or will I loose that ancestral land.
Asked 2 years ago in Property Law
Religion: Hindu
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8 Answers
1. Even after your acquiring citizenship of any foreign country, including New Zealand and subsequently obtaining OCI Card, you are legally empowered/entitled to inherit the property left behind by your deceased father.
2. Based on above, you can keep that share of ancestral property in your name, without going to Court, by mutual division and you will not lose your share in the ancestral land.
Your right in that ancestral property will remain unaffected despite change in your status as an OCI
You had inherited the property when you were an Indian, hence the status will continue to remain same even if you become a foreign citizen later on
- As per law, an NRI or person of Indian origin (PIO), can inherit any immovable property in India, whether it is residential or commercial or an agriculture land.
- Hence, even after getting New Zealand passport , you will be able to keep that ancestral property in your name , and entitled to get your share in the ancestral land.
Yes you can do the above
Dear client,
As a holder of a New Zealand passport, you are able to keep ownership of your ancestral property in India while applying for an OCI card. You are entitled to inherit and own immovable property, including ancestral land, if you have an OCI card. The Citizenship Act of 1955 and the OCI rules comprise the pertinent legal framework. But it's important to abide by state regulations that are unique to inheritance of property, such the Himachal Pradesh Tenancy and Land Reforms Act in the Shimla district's case. It is not a threat to your property rights to have an OCI card; however, a smooth transfer of ownership depends on following local laws and due process.
Hope this helps you.
Holding OCI card does not relinquish person's right, title and interest in any property in India.
