Question of nationality
dr syed ziya ul huq
(Querist) 09 March 2018
This query is : Open
What can be the nationality of children of an illegal Pakistanii immigrant ,male, who married an Indian national,with promise of taking his wife to his country.But later became a drug addict and refused to go back to his country and died in India.His wife too died.He had come to India in 1971.
Can his children be unequivocally Indian citizen and can they claim share in properties left by grand mother.?
Vijay Raj Mahajan
(Expert) 09 March 2018
Two issues raised in this query:
1. Nationality of children born to parents, father who was Illegal Pakistani immigrant and Indian mother, both happens to be Muslim by religion. These children although born in India by virtue of section 3 of the Citizenship Act,1955 shall not be citizens of India because the illegal immigrant Pakistani father .
2. The right of inheritance in the property of their grandmother in India, which definately be the mother of the mother of these children. The Muslim law of Inheritance allow them right to inherit the share in the property of the grandmother after the death of their mother that may have been inherited by their mother.
Kumar Doab
(Expert) 09 March 2018
You can benefit from the post of Mr. Vijay Raj Mahajan.
You could have clearly posted; the grandmother is paternal or maternal and the property is in India and evidence of marriage is available?
Kumar Doab
(Expert) 09 March 2018
Same Query;
http://www.lawyersclubindia.com/experts/Question-of-nationality-675006.asp
dr syed ziya ul huq
(Querist) 10 March 2018
Thanks a lot.thegrand mother is maternal.sorry for failing to mention it.
P. Venu
(Expert) 10 March 2018
Section 3 of the indian Citizenship Act is reproduced below:
3. Citizenship by birth.―(1) Except as provided in sub-section (2), every person born in
India―
(a) on or after the 26th day of January, 1950, but before the 1st day of July, 1987;
(b) on or after the 1st day of July, 1987, but before the commencement of the Citizenship
(Amendment) Act, 2003 (6 of 2004) and either of whose parents is a citizen of India at the time of
his birth;
(c) on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004),
where―
(i) both of his parents are citizens of India; or
(ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the
time of his birth,
shall be a citizen of India by birth.
(2) A person shall not be a citizen of India by virtue of this section if at the time of his birth―
(a) either his father or mother possesses such immunity from suits and legal process as is
accorded to an envoy of a foreign sovereign power accredited to the President of India and he or
she, as the case may be, is not a citizen of India; or
(b) his father or mother is an enemy alien and the birth occurs in a place then under
occupation by the enemy.]
As could be seen, the father being an illegal migrant need not deprive of the children of their citizenship if they were born before 3rd December 2004.
Vijay Raj Mahajan
(Expert) 10 March 2018
"One of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth, shall be a citizen of India by birth."
This provision was existing prior to 2004 amendment also, check law prior to 2004 amendment which I checked and informed you.
My views are based on actual legal provisions only.
dr syed ziya ul huq
(Querist) 11 March 2018
Still , it is not clear for me.these children are indian nationals or not? ,Under the given circumstances of their birth,before the amendment of 2004. Pls any one give a simple answer. Thanks in advance.
dr syed ziya ul huq
(Querist) 12 March 2018
Still this matter is not clear to me.kindly ,can any expert give the simple answer,these children born to illegal migrant Pakistani father & India mother are indian citizen or not.? The children are born before 2004.
