One of the most important legal consequences of death is the transfer of a deceased person’s assets and property to their heirs. According to the Iranian law, the distribution of the estate and the transfer of the deceased’s assets are governed by specific legal rules and procedures. This process requires several formal legal steps, including obtaining a Certificate of Inheritance and carrying out other related administrative procedures.
This topic has been discussed in detail before, and the various legal aspects and procedures involved have been fully examined in the articles published on our website.
One of the issues that has become increasingly surrounded by ambiguity and practical challenges is the inheritance rights of dual‑national Iranians under Iranian law in recent years. With the growing number of Iranians living abroad who have also acquired the nationality of another country, a recurring question has emerged: does dual nationality prevent a person from inheriting in Iran?
In other words, are dual‑national Iranians entitled to inherit movable and immovable property in Iran, or are they subject to legal restrictions in doing so?
In this article, we will provide a clear legal analysis by examining the Iranian Civil Code, as well as other relevant laws and regulations—including rules governing the ownership of property—together with existing judicial practice, in order to clarify the legal status of inheritance for dual‑national Iranians in Iran.
Given that inheritance matters—including obtaining a Certificate of Inheritance—require legal actions and claiming before the competent judicial authorities, it is strongly advisable to undertake this process with the guidance of an attorney experienced in inheritance law and related matters.
In this regard, you may contact Karimi & Associates Law Firm to receive legal advice from our attorneys and to proceed with all the related issues, as well as pursuing matters related to the inheritance rights of dual‑national Iranians in Iran.
Dual Nationality in Iranian Law
In legal terms, nationality refers to the legal, political, and personal bond between an individual and a state, a relationship that gives rise to mutual rights and obligations for both parties. Dual nationality arises when a person simultaneously holds the nationality of more than one country.
According to the Iranian law, there is no comprehensive or independent statute specifically governing dual nationality. The rules relating to nationality are primarily set out in the Iranian Civil Code. An important point to note is that, within the Iranian legal system, the general principle is that dual nationality is not formally recognized.
This principle has given rise to certain ambiguities regarding the legal status and rights of dual nationals. In particular, an important question arises as to whether acquiring the nationality of another country results in the loss of Iranian nationality, and consequently the rights and privileges derived from it. This issue will be examined in greater detail in the following sections.
Legal Provisions on Nationality under Iranian Law
Pursuant to Article 988 of the Civil Code, renunciation of Iranian nationality is permitted only under specific conditions. These include, among others: the individual having reached the age of twenty‑five; obtaining official authorization from the Council of Ministers; transferring any rights relating to immovable property located in Iran; and completing compulsory military service.
Accordingly, given the explicit conditions set out by law for the renunciation of Iranian nationality, the mere acquisition of a foreign nationality does not in itself result in the loss of Iranian nationality. As a result, such individuals continue to be regarded as Iranian nationals under Iranian law.
Furthermore, Article 989 of the Civil Code provides that any Iranian national who acquires a foreign nationality without complying with the prescribed legal procedures will still be considered an Iranian national, although the government may impose certain restrictions upon such individuals. The article also contains provisions regarding the immovable property of such persons, under which such property may, under the supervision of the public prosecutor, be sold and the proceeds paid to the owner.
This provision has been the subject of considerable debate and varying interpretations over the years. These differing views have contributed to uncertainty regarding the ownership of property by dual‑national Iranians, particularly with respect to immovable property inherited in Iran, and have been a source of concern for many dual‑national Iranians.
Foreign Nationals and Dual‑National Iranians
In order to better understand the legal status of inheritance for dual‑national Iranians in Iran, it is necessary to distinguish between the following two groups:
- Foreign nationals
- Iranian nationals holding dual nationality
With respect to the ownership of immovable property in Iran, the legislature has established specific rules and procedures for foreign nationals under Article 1 of the Regulation on the Acquisition of Immovable Property by Foreign Nationals (adopted in 1949).
According to this provision, foreign nationals who intend to acquire property in Iran for residential purposes, industrial activities, or business premises are required, prior to taking any action, to submit a formal declaration to the local Land and Deeds Registration Office where the property is located. The request will then be forwarded to the General Directorate of the Registration Organization for the purpose of obtaining the necessary authorization.
This declaration must contain detailed information regarding the applicant, including the applicant’s full name, current nationality and original nationality (if it has changed), age, marital status, and—where the applicant is male—the nationality of the spouse prior to marriage. It must also include information regarding the applicant’s children, such as their number, age, and gender. In addition, the applicant is required to provide information concerning the date of entry into Iran, the duration of residence, previous places of residence, past occupations, current profession, and permanent place of residence.
The declaration must further specify the purpose of acquiring the property (whether for residential, industrial, or business use), as well as the type of property, its characteristics, surface area, registration number, and the precise location of the property.
Moreover, the applicant must undertake that if they transfer their permanent residence outside Iran, the property in question will be transferred within a maximum period of six months from the date of departure to either an Iranian national or to a foreign national who is legally permitted to acquire property under the applicable regulations. Failing such transfer, the Registration Office—upon authorization from the General Registration Authority—may sell the property through a legal auction and, after deducting the relevant legal costs and charges, pay the proceeds to the owner.
It is also noteworthy that Note 1 of Article 1 of this regulation provides that the registration of immovable property in the name of foreign heirs is likewise subject to compliance with these same requirements.
Furthermore, the 1995 Regulation on the Acquisition of Immovable Property by Non-Resident Foreign Nationals in the Islamic Republic of Iran imposes more stringent limitations on property ownership by foreign nationals.
For instance, in Article 5, the registration of property in the name of foreign heirs is subject to strict compliance with the provisions of this regulation. Moreover, Article 6 stipulates that if foreign heirs fail to settle the status of the inherited property within two years, the property must be sold by public auction. The proceeds from such a sale, after the deduction of taxes, legal fees, and related charges, are to be held in a special account at the General Treasury before being disbursed to the respective heirs.
While these regulations clearly indicate that foreign nationals face significant restrictions regarding the ownership of immovable property in Iran, the question arises: are dual-national Iranians subject to these same limitations?
In the vast majority of legal analyses, the answer to this question is negative.
Pursuant to the provisions of the Civil Code, dual‑national Iranians continue to be regarded as Iranian citizens as long as they have not formally renounced their Iranian nationality under Article 988. Consequently, these individuals are not subject to the specific regulations governing foreign nationals, and the restrictions relating to the ownership of immovable property do not apply to them. This position has been affirmed in numerous legal analyses, as well as in various judicial rulings and deliberations.
For instance, in the judicial meeting held in Nahavand, Hamedan Province, the High Council and the majority of participants declared that:
The acquisition of dual foreign nationality by Iranian nationals does not impede their ownership of immovable property in Iran. These individuals, by virtue of their Iranian nationality, possess all the property rights available to other Iranian nationals. This opinion indicates a prevailing tendency within judicial practice to preserve the property and inheritance rights of dual‑national Iranians.
In light of the current legal framework and prevailing legal analyses, the inheritance situation can be summarized as follows:
With respect to movable property such as cash, bank accounts, vehicles, shares, and similar assets, there are generally no specific restrictions for dual‑national Iranians.
As for immovable property including houses, apartments, land, or commercial premises, the mere fact of holding dual nationality does not prevent heirs from inheriting. Heirs may receive and transfer their share of the inheritance in accordance with the provisions of the Civil Code.
It should be noted that due to the absence of a comprehensive nationality law and also because of various administrative interpretations, certain cases may require legal follow‑up and reliance on relevant legislation and established judicial practice.
Overall, an examination of the provisions of the Civil Code, the regulations governing property ownership, and relevant judicial practice indicates that dual nationality, does not prevent Iranian nationals from inheriting property in Iran.
Nevertheless, due to certain legal ambiguities in the area of nationality law, in specific cases a detailed review of the matter by a lawyer specialized in inheritance and nationality law may be necessary. Therefore, if you or any of the heirs hold dual nationality and have questions regarding the procedure for obtaining a Certificate of Inheritance or the status of inherited property in Iran, you may consult the attorneys of Karimi & Associates Law Firm for guidance and a thorough assessment of the case.