Citizenship by birth
J K Agrawal
(Querist) 20 September 2008
This query is : Resolved
A Muslim family migrated to Pakistan at the time of division in 1947. In 1958 when they visited India to meet their friends and relatives they conceived a male child in India. They left the child in India with uncle and returned back to Pakistan. The child remained in India up to around 10 years and then his father carried him Pakistan. Now he is residing in USA since a long time.
The question is that He is 'Citizen of India' by birth, as per section 3 of the Citizenship Act 1955.
Now he want such a declaration, is it possible? Where and how ?
It should be noted that the procedure given in Indian Citizenship Rules lays down the procedure of all other ways of acquisition of citizenship like by descent, by registration, or by naturalization but says nothing about declaration of citizenship by birth.
If civil suit for declaration will do ?
If there is any bar in this Case ?
Please help
ARVIND JAIN
(Expert) 20 September 2008
In the mean time he is citizen of which country? if he give up the citizenship of that country, he may (will)again be the citizen of India.Citizenship by birth needs no declaration.No bar at all.
G. ARAVINTHAN
(Expert) 20 September 2008
We have to know abt the person's citizenship by the mean time when he is in pakistan, then only we have to decide
J K Agrawal
(Querist) 30 September 2008
DEAR SIRS
The fellow was citizen of Pakistan. He was active in politics there and he has to leave the country about 4 year back to save his life and got political asylum in USA. he has =green card there but no citizen ship there. He no more want citizenship of Pakistan.
ritu bhadana
(Expert) 02 April 2009
i agree with anantha krishna
anantha krishna n.v. Advocate
(Expert) 05 October 2008
