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tawhid islam   14 August 2024

Indian citizenship as father is indian

I need legal advice from you please about the Indian Law regarding following matter

My Grand father, Hiralal Saha along with his family fleed away from Bangladesh to Kolkata, India during liberation war in 1971. He stayed there as refugee and got Indian citizenship. But after getting citizen ship he bough a land and built a house to live.

When new Bangladesh got independence. He sent his eldest Son Sujit Saha (My father) back to Bangladesh. Sujit saha stayed Bangladesh with Bangladeshi citizenship And Got Married with Rina Rani Saha (My Mother) a Bangladeshi Citizen.

Mr. Hiralal Saha gave the top floor of the 3 storied building in Kolkata by the name of my mother (Rina Rani Saha). With non written condition that they cannot rent the house but only can live when they visit to Kolkata, india. Another 2 floor was given to My 2 Uncle’s name. Who never back to Bangladesh. Stayed in Kolkata with Indian citizenship.

Now my question is,

1.       Is my father Sujit Saha eligible to get Aadar card, only to open a Bank account in Kolkata.

2.       Is My mother Rina Rani Saha eligible to get Aadar card

3.       Is Me Priyanka Saha (Bangladeshi citizenship holder) eligible to get aadhar Card

4.       Is My Sister Piyal Saha (Bangladeshi citizenship holder) eligible to get aadhar Card



Learning

 6 Replies

Dr. J C Vashista (Advocate )     14 August 2024

Aadhar Card is issued to Indian nationals only and not non-resident(s).

Since Hira Lal Saha is stated to have acquired Indian citizenship rights his LRs shall automatically become Indian citizens excluding Sujit Saha who had retained Bangladeshi citizenship. 

The property puchased by Hira Lal Saha shall devolved upon his LRs as per Hindu Succession Act, 1955, if he died intestate.

Which document was created by Hira Lal Saha for transfer to his property to both of his sons (your uncles) ?

Rina Rani Saha was  stated to have been given life-time benefit to use the property, it can not grant her benefits of Indian nationals.

Kolkata (West Bengal) is maintaining patriarchial society (unlike 3 north-Indian States where matriarchial society existed), accordingly answer to all the four questions have a negative reply, even if Rina Rani was given property usage rights.

tawhid islam   14 August 2024

Thank you, Sir. 

Shashi Dhara   14 August 2024

You can enquiry in adhar card providing office they will clarify your doubts, you proceed through proper legal way to get adhar card.

T. Kalaiselvan, Advocate (Advocate)     14 August 2024

An NRI (whether minor or adult) with a valid Indian Passport can apply for Aadhaar from any Aadhaar Enrolment Centre. In case of NRIs the residential condition of 182 days is not mandatory.

N.K.Assumi (Advocate)     15 August 2024

That was very informative for me too. Thanks LCI Members.


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