Q.1297 OCI holder gifting agricultural land to children also OCI holders

Question: Hello I was hoping you might be able to assist me with a query I had related to property rights in India. I am an OCI holder. I own agricultural / plantation land in India. I recently gifted this land to my children (they too are OCI holders). Recently we were informed that agricultural / plantation land could only be inherited, not gifted. Would you be able clarify if this is the case? I would very much appreciate your help. Kind regards Answer: My understanding is that OCI holder can transfer residential or commercial property they own in India by way of gift to a person resident outside India who is a citizen of India or an OCI holder. However this does not apply to property classified as agricultural land, plantation property or farm house. So the information you have is correct. Agricultural land / plantation land can only be acquired by way of inheritance. See question number 196 for more information.
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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
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Q.1297 OCI holder gifting

agricultural land to children also

OCI holders

Question: Hello I was hoping you might be able to assist me with a query I had related to property rights in India. I am an OCI holder. I own agricultural / plantation land in India. I recently gifted this land to my children (they too are OCI holders). Recently we were informed that agricultural / plantation land could only be inherited, not gifted. Would you be able clarify if this is the case? I would very much appreciate your help. Kind regards Answer: My understanding is that OCI holder can transfer residential or commercial property they own in India by way of gift to a person resident outside India who is a citizen of India or an OCI holder. However this does not apply to property classified as agricultural land, plantation property or farm house. So the information you have is correct. Agricultural land / plantation land can only be acquired by way of inheritance. See question number 196 for more information.
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