Q.775 Transfer father’s

agricultural land in India to a US

Citizen . . .

Question: Dear Sir, You have stated that a person of indian origin (A US Citizen) can inherit agricultural property in India. I have checked many sites of India such as RBI, MOIA.gov.in etc and these cites inform that a foreign citizen of indian origin can not acquire agricultural land in India. What is the differnce between aquiring and inherting. My father passed away and I want to transfer my fathers agricultural land in my name so I can pass the same to my children. I am born indian, lived in India till the age of 28, then moved to USA. I have never lived in any other country and never been citizen of any other country except India and USA. I have seen similar information like yours in other legal websites, but the government of india websites give misleading information. Such as a foreign citizen can not acquire agricultural land but they do not use the word inherit. I have leaned that no democratic country can restrict a son from inhering his fathers property, irrespective of type of property (agricultural or non agricultural. Neither does the Indian constitution. Please inform how can I get my fathers agricultural land tranfered in my name and oblidge. Thanks Rafiq Mohammed Answer: India does not restrict ‘a son from inheriting his father’s property’ Any one regardless of citizenship can legally inherit property in India if it has been willed to them. Difference between the words acquiring and inheriting are perhaps what is confusing the issue regarding ownership of agricultural land in India. Let me make an attempt to clarify: • Acquire generally refers to ‘buy or obtain (an object or asset) for oneself’ • Inherit refers to ‘receive (money, property, or a title) as an heir at the death of the previous holder.’ While NRI/PIOs cannot acquire agricultural land in India, they can inherit it. How to claim inherited property & Transfer property title in India The process of transferring title in India can be quite awkward as several matters are dealt through the courts in India. For NRIs going through this type of process can be a difficult experience as the courts in India are not what they may be used to in foreign countries. The best course for NRIs to transfer title of inherited property is: • To seek legal guidance from a local lawyer • Collect all the relevant documents, such as a will if available, property documents etc. and have these available when needed. No Will available In case no Will is available, then the heir would have to obtain a Succession Certificate from the courts in India. This involves submitting documents to the court such as death certificate of the departed, birth certificate of the successor. Property purchase and registration documents etc. NRIs should be prepared to spend some time in India as presence is normally required and helpful for clearing matters of property inheritance.