Dear Sir,

I am of the view that you cannot transfer agricultal land in her name.....please see the following link and relevant FAQs

(iii) Parity with NRIs in financial, economic and educational fields

except in the acquisition of agricultural or plantation properties.

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https://boi.gov.in/sites/default/files/u4/oci%5B1%5D-faq.pdf

32. What are the benefits of an OCI?

Following benefits will be allowed to an OCI:

(i) Multiple entry, multi-purpose life long visa to visit India;

(ii) Exemption from reporting to Police authorities for any length of

stay in India; and

(iii) Parity with NRIs in financial, economic and educational fields

except in the acquisition of agricultural or plantation properties.

(iv) Registered Overseas Citizen of India shall be treated at par with NonResident-Indian

in the matter of inter-country adoption of Indian children.

(v) Registered Overseas Citizens of India shall be treated at par with resident

Indian nationals in the matter of tariffs in air fares in domestic sectors in India.

(vi) Registered Overseas Citizens of India shall be charged the same entry fee as

domestic Indian visitors to visit national parks and wildlife sanctuaries in India

(vii) Parity with Non-Resident Indian in respect of entry fees to be charged for

visiting the national monuments, historical sites and museums in India;

Pursuing the following professions in India, in pursuance of the provisions

contained in the relevant Acts, namely:-

(a) doctors, dentists, nurses and pharmacists;

(b) advocates;

(c) architects;

(d) chartered accountants;

(viii) Parity with Non-Resident Indian to appear for the All India Pre-medical Test

or such other tests to make them eligible for admission in pursuance of the

provisions contained in the relevant Acts.

(ix) “State Governments should ensure that the OCI registration booklets of OCIs

are treated as their identification for any services rendered to them. In case

proof of residence is required, Overseas Citizens of India may give an affidavit

attested by a notary public stating that a particular/specific address may be

treated as their place of residence in India and may also in their affidavit give

their overseas residential address as well as e-mail address, if any

Purchase of land and transfer of property allowed only to the foreigner of Indian Origin only.

You may transfer the property by way of gift or sale to her but she need to get that transferred by payment of standing for registration.

She will be liable for gift tax as well as per Income tax act

You cannot transfer agricultural land to your wife by gift deed as she is an OCI

2) you can execute will Wherein you can bequeath land to your wife and son

3) on your demise land would devolve on your wife and son

An OCI card holder can with the prior approval of the RBI acquire immovable property in India.

There is no restrictions that she can do so only by way if inheritance only.

So consult with RBI officials on this regard and comply with the formalities before the gift.

1. How can you marry as per Christian Marriage Act when you have not converted to Christianity? In the instant case you should have married as p[er special Marriage Act.

2. However, to own agricultural land in Karnataka, your wife shall have to be an agriculturist herself and her income from other source should not cross rs.1 lakh to be eligible to own an agricultural property in Karnataka.

3. If she falls in the above criteria the you can register a gift deed in her favour conveying title of your said property in her favour.

4. If she does not come under the category of agriculturist as explained above, it will beprudent on your part to sell off your said agricultural land and buy some flat or house in her name.

1. How can you be married under Christian Marriage Act unless you were a Christian?

2. Be that as it may, you cannot gift your land to your wife as she is OCI holder. What you can do is make a will whereby and whereunder you may bequeath your land to her. The will shall come into operation only after your lifetime.

Marriage solemnised through a notarised legal agent to a person belonging to Christian religion while you are a Hindu, is not valid in the eyes of law.

The marriage should have been registered under the provisions of special marriage act.

Alternately if you had converted to Christianity then your marriage could have been solemnised under the Christian religious rites.

She being an OCI, you cannot transfer the agricultural property to her in any manner.

She or your son can acquire it only by inheritance.