Q.986 Ownership of family

agricultural land of NRI taking UK

Citizenship

Question: Hi, I recently brought your Book The NRI Guide from Amazon and it was very helpful .I am struck and can’t make any decision I need your help, - I am Permanent resident of UK since March 2010 and in full time Job . I am still on Indian passport. My family have agricultural land in India whose current market price is above 10 crore rupees and I am only son, This keeps me as Indian citizen . - My wife is American Green card holder and she is staying with me in UK for last 2 years she fears of losing her Green card and want to move back to US.If I move to states I will lose my PR - We have 5 months old baby for whom we have taken British Citizenship. Please let me know can I stay as an Indian citizen or can I take British Passport and move to states .If I take British passport what implications it will have on me.What will be good for me? Kind regards, Prashant Desai Answer: I cannot say what is going to be good for you as this is a decision that you have to take in consultation with your family. However, since you have taken the time to write to me, I will offer some points that perhaps may help you decide on how to move forward. It appears from your email that your main concern here is the family agricultural land worth 10 crore, and the prospect of losing your rights to the land if you give up Indian citizenship. First a few words regarding your wife worrying about losing her green card. Do not take her concerns lightly.

Green card holder returning to USA

after two years

My understanding is that although there is no restriction on green card holders to leave and re- enter the United States multiple times they must return within one year. Green card holders who intend to stay for one year or more are required to apply for a re-entry permit before leaving the United States. Re-entry permits for USA are generally valid for two years from the date of issue. Green card holders who are out of the United States for a period longer than the validity of the re-entry permit can be denied entry. Green card holders and visitors traveling to USA should ensure that they are in compliance of U.S. law before leaving for the United States.

NRI ownership of Agricultural land in

India

In my opinion, your status regarding your family agricultural land does not change whether as an NRI you hold an Indian or UK passport. Read on . . . • Neither NRI [Indian passport holder residing abroad as you are] or a Foreign citizen of Indian Origin [OCI holders for example] or Foreigners can acquire or hold any agricultural land in India. There is one exception here . . . o NRI, OCI, PIO and even Foreigners can acquire agricultural land in India by way of inheritance. So if a person inherits agricultural land in India, then he/she legally owns it. • You mention that you are the only son, are there no other relatives such as sisters, aunt’s etc. who may decide to claim a share of the agricultural land. Suppose your father inherited the property, then other relatives wanting a share is not unheard of in India. Especially when the other party is a non- resident staying abroad. If your father’s intention is to leave the agricultural land only to you by way of inheritance then a lawyer should be consulted to avoid problems later. • In case no other relatives are connected to the agricultural property, another option would be for your father to sell the property and give you the money. Here your non- resident status would not make a difference. Here is a link to a document of the government of India with information on ‘Acquisition and Transfer of immovable property in India. This should provide you with all the information you need regarding agricultural land acquisition in India. The link is: https://www.mea.gov.in/images/pdf/acquisition- and-transfer-of-immovable-property-in-india.pdf In case you are unable to reach the government website for some reason, a copy is available on this website and you can view it by Clicking HERE.