2nd last week hearing

[Saleempkk]

Hi
Today I met one uncle in community center He had hearing 2nd last week. He must be between 75 and 80.
His nephew is my friend, what my friend told me is given below:

My uncle had hearing 2nd last week and his hearing went well, almost every question was answered perfectly according to BOC and story.
In the last, member told that I dot not have any issues from hearing but because he was born in India then migrated to Pakistan after partition, I need to check what is the law for Pakistani Muslims to migrate again to India. member said If his life is in danger in Pakistan he also can migrate to India again to save his life. So member asked for a official law document what is the law if Pakistani Muslim wants to migrate to India and member also asked I need a document to know why he can not migrate to India instead of Canada to save his life. I have only this issue now hearing has finished and have a nice day.


Does any one know about this ? what is the answer what is the solution and most importantly what is the law for Pakistan Muslims to Migrate India again who were born in India, any govt link?.
Why I am asking, next week my brother in law has hearing and he is 76 years old, a Pakistan Muslim who was born in India and migrated after partition. we were tensed but now
we are more and more tensed.

Any thing to say please ?

 

[dzx]

First at all you may need to ask an Indian lawyer for this

a quick search on Wikipedia gives:

Any individual domiciled in India automatically became an Indian citizen in 1949 if they were: born in India, born to at least one parent who themself was born in India, or living in India for at least five years prior to the Constitution's commencement.[33] Individuals of Indian descent living outside of the country could register for citizenship, but a person who had voluntarily acquired a foreign nationality was barred from Indian citizenship.[36]

Persons who migrated from the area that became part of Pakistan could be registered as Indian citizens if they (or a parent or grandparent) were born in any part of pre-partition India as defined in the Government of India Act 1935 and had either become domiciled in Indian territory before 19 July 1948, or had been registered as a citizen of India by Dominion officials after that date, but before commencement of the Constitution. Migrants from Pakistan were required to have been domiciled in India for at least six months prior to applying for registration. Conversely, persons who migrated from India to Pakistan and settled there at any time are not considered Indian citizens.[37]

From my understanding, he cannot obtain Indian citizenship because he voluntarily settled in Pakistan, he probably needs the opinion of someone licensed to practice Indian law (or the Indian consulate) though.