56. NRI Holding Agricultural Land in

India

Question: Hi I read your valued comments on buying and selling of agriculture land for NRI. Here is a my situation. I currently live in Canada and holding agriculture land in India. I inherited this agriculture land before I migrated. Now, I am in process of getting Canadian Citizenship after that am planning to get Overseas Citizenship of India. I want to know what will be legal position of agricultural land I have and will it be possible to transfer it to my kids in future as they will be OCI ? Thank you, Wazir Answer: I believe you cannot sell or transfer the land as a gift to your children if they are also living in Canada and are NRIs. NRIs can acquire agricultural land only by way of inheritance. You can sell or gift it to a person resident in India who is a citizen of India. Regarding the legality of your ownership of the land after your migration. Here is an excerpt from RBI faq: Q. Can a person who had bought immovable property when he was a resident, continue to hold such property even after becoming an NRI/PIO? A. Yes, he can continue to hold the residential / commercial property / agricultural land/ plantation property / farm house in India without the approval of the Reserve Bank. You may want to contact the RBI directly or a lawyer in India to seek clarification. Ownership of agricultural land can be tricky for NRIs. Furthermore you should take steps to ensure that the land is not encroached upon by people in your absence.