- 19-Apr-2025
- Healthcare and Medical Malpractice
When all legal heirs of an inherited property reside abroad, the dispute resolution process can become more complex due to the involvement of international laws and cross-border legal procedures. However, the process generally follows the established principles of inheritance law in the jurisdiction where the property is located, as well as international treaties and conventions that may apply. Below is an outline of how these disputes are typically handled:
The key factor that determines the jurisdiction for inheritance disputes is where the property is located. If the property is located in India, then Indian law will govern the inheritance process, even if the heirs reside abroad.
International Jurisdiction: If the heirs reside in a different country, they may have to approach a court in that country to resolve disputes, or they may need to seek international legal help to address issues arising from cross-border inheritance.
The Indian courts generally have jurisdiction over Indian property, and they can handle cases of inheritance if the property is located within the country, regardless of where the heirs live.
In cases where the deceased was an Indian national and the property is located in India, the Indian Succession Act (or the applicable personal laws like Hindu Succession Act) will typically govern how the property is distributed. The heirs will need to follow the processes prescribed by Indian law for succession and property distribution.
Testamentary and Intestate Succession: Whether the deceased left behind a will or passed away intestate (without a will) will also affect the inheritance process. If the deceased had a will, the heirs may need to apply for probate in India, even if they live abroad. If there is no will, the property will be distributed according to intestate succession laws (based on the religion and family structure).
If a will exists, the legal heirs must obtain probate from an Indian court to prove the validity of the will. This process may involve the heirs appearing before the court or submitting documents through their power of attorney.
If all heirs are abroad, they can appoint a local representative (like a relative or lawyer in India) using a power of attorney to represent them in legal matters concerning the property, including filing for probate or resolving disputes.
If the documents like the will or any other legal papers are from foreign jurisdictions, they may need to be authenticated or apostilled as per the Hague Convention on the legalization of documents to be recognized in India.
If the heirs agree on how the property should be divided, they can execute a family settlement deed in India. The settlement can be registered and legally enforced, even if all heirs are residing abroad.
If there is a dispute, the heirs must approach the Indian courts for a legal resolution. The case will proceed according to the Indian Succession Act or the applicable personal law. In some cases, if the heirs are abroad, they can participate in court proceedings via video conferencing or appoint a lawyer to represent them in India.
If the dispute is not resolved amicably, the parties may opt for mediation or arbitration. If international heirs are involved, they may seek professional help to mediate disputes without the need to travel.
While India does not currently have an inheritance tax, heirs residing abroad may be subject to taxes in their country of residence. They will need to comply with the tax laws of both the country of residence and India.
If the inherited property involves the transfer of money or assets across borders, the heirs may need to comply with Foreign Exchange Management Act (FEMA) regulations in India, particularly when remitting inheritance from India to a foreign country.
Heirs living abroad may find it difficult to travel to India frequently for court proceedings or property settlements. However, they can appoint a legal representative or lawyer in India to act on their behalf, and the Indian courts allow participation via video conferencing in some cases.
Documentation might need translation if it is in a foreign language. Legal procedures such as probate or property registration in India will require proper documentation in line with Indian law.
If a person residing in the UK inherits property in India and there are multiple heirs, the Indian court will have jurisdiction over the property. If the property is in joint ownership, and there is a dispute among the heirs, the court can settle the matter. The foreign heirs would need to follow the procedure for applying for probate or submitting relevant documents via their power of attorney in India.
If all heirs to inherited property reside abroad, they can still claim their share in the property, but the process can be more complicated. The dispute would be governed by Indian law if the property is in India, and they may need to follow procedures like obtaining probate, submitting legal documents through power of attorney, or seeking court assistance in India. Cross-border disputes may require compliance with international laws, including tax implications and document legalization.
Answer By Law4u Team
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