Q660. Inheritance of Agricultural Land in India by OCI - PIO - Foreigner

Question: Hi Dear,

I read from your website that “While foreigners cannot purchase agricultural land, they can continue to hold agricultural land

or any other property they own in India provided they had acquired them legally before accepting foreign citizenship”.

What is meant by “acquired them legally”?

In an example where the agriculture land is in your parents name and they pass away after you have accepted the foreign

citizenship, can you still legally inherit your share of the agriculture land like your siblings who are Indian citizens?

Another question: Can a person nominate an OCI as a beneficiary of agriculture land in his Will? The OCI is that person’s

sister’s son.

Thanks,

Jasbir Singh

Auckland. New Zealand.

Answer: Acquired them legally refers to people such as a Indian citizen, who owns agricultural land in India and subsequently becomes a NRI or acquires foreign citizenship. In such a case, even though this person has become a foreign citizen, he/she can continue to hold their agricultural land or any other property in India, provided such properties were legally acquired. The correct wording should have been: “While foreigners cannot purchase agricultural land, NRIs who acquire foreign citizenship can continue to hold agricultural land or any other property they own in India provided they had acquired them legally before accepting foreign citizenship”. • Legally acquired in such circumstances generally implies that: o The property was acquired following all rules or regulations and did not violate any foreign exchange laws applicable when the property was acquired o No FEMA regulations, at the time of acquiring the property were violated • Children who are foreign citizens can inherit their share of agricultural land or any other type of property in India, they would have the same rights as their siblings who may be Indian citizens. • A person can will his/her property to anyone they prefer, regardless of the persons citizenship. Even foreigners can inherit agricultural land in India. More information on this topic is available in Q/A #427. You can view it by clicking HERE

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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Q660. Inheritance of Agricultural

Land in India by OCI - PIO -

Foreigner

Question: Hi Dear, I read from your website that “While foreigners cannot purchase agricultural land, they can continue to hold agricultural land or any other property they own in India provided they had acquired them legally before accepting foreign citizenship”. What is meant by “acquired them legally”? In an example where the agriculture land is in your parents name and they pass away after you have accepted the foreign citizenship, can you still legally inherit your share of the agriculture land like your siblings who are Indian citizens? Another question: Can a person nominate an OCI as a beneficiary of agriculture land in his Will? The OCI is that person’s sister’s son. Thanks, Jasbir Singh Auckland. New Zealand. Answer: Acquired them legally refers to people such as a Indian citizen, who owns agricultural land in India and subsequently becomes a NRI or acquires foreign citizenship. In such a case, even though this person has become a foreign citizen, he/she can continue to hold their agricultural land or any other property in India, provided such properties were legally acquired. The correct wording should have been: “While foreigners cannot purchase agricultural land, NRIs who acquire foreign citizenship can continue to hold agricultural land or any other property they own in India provided they had acquired them legally before accepting foreign citizenship”. • Legally acquired in such circumstances generally implies that: o The property was acquired following all rules or regulations and did not violate any foreign exchange laws applicable when the property was acquired o No FEMA regulations, at the time of acquiring the property were violated • Children who are foreign citizens can inherit their share of agricultural land or any other type of property in India, they would have the same rights as their siblings who may be Indian citizens. • A person can will his/her property to anyone they prefer, regardless of the persons citizenship. Even foreigners can inherit agricultural land in India. More information on this topic is available in Q/A #427. You can view it by clicking HERE

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