335. No limit on what can be acquired by way of inheritance
Q. Dear Sir,
My daughter recently acquired US citizenship. She is also OCI holder. I have following questions.
1.Can OCI holder inherit, from parents,
a) Residential property(flats) ? If yes any restrictions to number of flats or value that can be inherited?
b) Equity shares- any restrictions as to the value of shares or the number of public limited companies whose shares can be
inherited.
c) Can OCI holder sell these flats & equity shares to Indian citizens?
d) Will OCI holder have to pay tax on the sales proceeds? If yes, how much tax?
e) How much money in a year can OCI holder remit to her/him in USA, from the sales proceeds?
Request you to reply.
Thanking you
Dilip Kaji
A. Yes, OCI holder can inherit from parents. No restrictions on the number of flats that can be inherited, although your
daughter will be allowed to repatriate the money from the sale of only two flats in India.
1.
To answer your question on 'value that can be inherited' there is no limit.
2.
No restrictions on inheriting or selling any types of shares to Indian citizens
3.
Inheritance tax in India is usually referred to as Estate Tax/Duty and was introduced in 1953. However this tax was
abolished in 1985.
4.
However capital gains will have to be paid when your daughter sells the inherited flats.
5.
Up to USD 1 million per financial year can be transferred from the sale proceeds.
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.
© Copyright 2006 Nriinformation.com
Read Disclaimer at bottom of page
NriInformation Questions &Answers
NRI - OCI - PIO Guide & Information