268. Foreign citizens can continue to hold agricultural land in India
Q: Sir, My Uncle owns few houses and a agricultural land in India. He bought all of them over 10yrs now. He is living in US on green card and
recently got US citizenship. Some one suggested that he cannot own agricultural land in india.
He is not buying land now nor bought it after he got the citizenship but he owns it more than 10yrs now. He got the citizenship now, ie., a
month back..
My question is 1) Can he continue to own the agricultural land, if no. 2) Can he now (after becoming US citizens) gift it to his son/daughter who
are indian citizens. 3) Can he sell it to any Indian citizen without any interference from the Indian government. Thank you
Daniel
A. What has been suggested to you is not true,
1.
Your Uncle can continue to hold any agricultural land or other property he held when he was a resident in India.
2.
As a PIO (person of Indian origin) your Uncle can gift his agricultural land to his son or daughter who are Indian citizens
provided they are resident in India. Nri's and PIO's can gift agricultural land / a plantation property / a farm house in India
only to a person resident in India who is a citizen of India.
3.
Yes, he can sell the land to any Indian citizen.
PIO's and NRI's do not require prior approval to sell. Foreign nationals who are of non-Indian origin and residing abroad
however, do need prior approval from the Reserve Bank of India to sell agricultural land in India.
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional
accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been
stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
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