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Neelima Choudhury (student)     15 May 2012

Cash property inheritence

My best friend from india is getting married to a pakistani next year. She is the only daughter of her Hindu parents in india. She is thinking of converting to Islam before marriage to her pakistani fiance and marry in india under Indian Special Marriage Act.  And after marriage she would be living in Pakistan. Her questions are:

1. Will she be able to inherit her father's immovable and cash property after marriage?

2. Can her father gift her cash and how much money can her father gift her?

3. Can her father make a will and declare her inheritence before her marriage? And if so will she be able to inherit cash and immovable property after converting to islam?

4. If she is eligible for inheritence, can she transfer the cash money from india to pakistan?

5. If she gets a pakistani origin card (POC) in pakistan after giving up her indian nationality will she be able to inherit her father's money and property?



Learning

 2 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     16 May 2012

1. Yes. She will be able to inherit her father's property after marriage.

2. Her father can gift her cash at the time of the marriage and the amount can be as per her wish but please ask her to keep a record of the details of all gifts during marriage so that she can furnish them if the income tax authorities require the same.

3. Her father can make his will now or later amend it or make the will later and give her any property she wishes. It will be her property and she can become the owner even if she converts.

4. Regarding transfer of cash and other properties (of course immovable property can be transferred only when sold), there are relevant rules regarding the same and you can take help of appropriate person who will hjelp. There are conditions attached to certain transfers.

5. She will not get a Pakistani Origin card (as she has originated from India) but she can become a Pakistani citizen if she wishes to do so. She can inherit the property even after she becomes a Pakistani citizen. But there are conditions attached to the transfers.

Hope this helps.

S Jadhav

Neelima Choudhury (student)     19 May 2012

Thank you for the quick response. This would help my friend and her family a lot.  I would like to ask further about what you exactly meant by " There are conditions attached to the transfers". What are the conditions and how can it be done please throw some convenient light on this.


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