Q658. Father gifting agricultural land in India to son in UK . . .

Question: Dear Sir,

I have been living in UK for the last 5 years and got Permanent resident visa (ILR) recently.

I sent money to my father during this last 5 years and he bought a agriculture land on his name in AP and doing farming as

he is farmer since his childhood. He bought this land with the money I sent and some of the money he saved from his

earlier farming .

Can you please let me know how can i inherit this agriculture land? Is there any restrictions on this if continued here as

NRI?

1) What happens if I take UK citizenship and OCI card from India

2) Can my father transfer the land to me by gifting or by any means? or only by inheritance?

My wife also living with me for the last 5 years and got ILR along with me. Is she NRI or having resident Indian status by

any means?

Please let me know

thank you for your help

Answer: You can inherit agricultural land in India, your NRI status would not make any difference. There is no restriction on the type of property NRIs can inherit. Inheritance is usually by way of a will. Regarding your questions: What happens if I take UK citizenship and OCI card from India? o If you took UK citizenship with or without OCI, nothing would happen to your inherited agricultural land. You can continue to hold it. Can my father transfer the land to me by gifting or by any means? or only by inheritance? o NRIs cannot acquire agricultural land/plantation property/farm house in India by way of gift. The only way to for NRIs, PIOs to acquire agricultural land in India is by way of inheritance. o Hypothetically, if you became a resident in India before taking UK citizenship, transfer by way of gift may be an option. Indian citizens who own agricultural land prior to acquiring foreign citizenship, can continue to hold it after they acquire foreign citizenship. Your wife living with you in UK would be considered a NRI. (I assume she is of Indian origin). Indian residents are those who live in India.

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Q658. Father gifting agricultural

land in India to son in UK . . .

Question: Dear Sir, I have been living in UK for the last 5 years and got Permanent resident visa (ILR) recently. I sent money to my father during this last 5 years and he bought a agriculture land on his name in AP and doing farming as he is farmer since his childhood. He bought this land with the money I sent and some of the money he saved from his earlier farming . Can you please let me know how can i inherit this agriculture land? Is there any restrictions on this if continued here as NRI? 1) What happens if I take UK citizenship and OCI card from India 2) Can my father transfer the land to me by gifting or by any means? or only by inheritance? My wife also living with me for the last 5 years and got ILR along with me. Is she NRI or having resident Indian status by any means? Please let me know thank you for your help Answer: You can inherit agricultural land in India, your NRI status would not make any difference. There is no restriction on the type of property NRIs can inherit. Inheritance is usually by way of a will. Regarding your questions: What happens if I take UK citizenship and OCI card from India? o If you took UK citizenship with or without OCI, nothing would happen to your inherited agricultural land. You can continue to hold it. Can my father transfer the land to me by gifting or by any means? or only by inheritance? o NRIs cannot acquire agricultural land/plantation property/farm house in India by way of gift. The only way to for NRIs, PIOs to acquire agricultural land in India is by way of inheritance. o Hypothetically, if you became a resident in India before taking UK citizenship, transfer by way of gift may be an option. Indian citizens who own agricultural land prior to acquiring foreign citizenship, can continue to hold it after they acquire foreign citizenship. Your wife living with you in UK would be considered a NRI. (I assume she is of Indian origin). Indian residents are those who live in India.

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