• Transfer of inherited property (US Citizen)

Hello, I inherited 3 acres agricultural land as ancestral property, while I was an Indian citizen. The land is registered under my name now. I have recently become a US Citizen. Can I transfer this to another agricultural property of the same worth.
I want to sell this land and buy similar agricultural property of the same value, some where else.
The reason being, my two other brothers who are Indian citizens and own 3 acres each adjacent to mine, want to sell the complete plot of 9 acres and buy a similar tract somewhere else (together). 
Is it possible to legally own the new land as ancestral property or property that was purchased in lieu of exiting ancestral property ?
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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9 Answers

1. As a US Citizen you could only inherit Agricultural property, but you can't sell the property nor can you buy another agricultural property.

2. However you can buy residential or commercial land but not agricultural land.

Shashidhar S. Sastry
Advocate, Bangalore
5378 Answers
329 Consultations

You cannot purchase agricultural land as you are a foreign citizen 

 

2) however you are at liberty to sell your agricultural land 

 

3) you may sell these properties only to a person resident in India and who is a citizen of India.

Ajay Sethi
Advocate, Mumbai
96719 Answers
7798 Consultations

You can enjoy the possession of inherited agricultural property or can sell it to a resident Indian if you do not want to retain the same anymore. 

But once you sold the inherited agricultural property,  being a NRI you are not eligible to buy agricultural property in India again even though you may justify that you would like to replace the property sold. 

So, being NRI you cannot buy agricultural property in India,  therefore better do not sell the property you already possess. 

 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

If your land is acquired you would be paid compensation as per provisions of land acquisition act 

 

if there is scheme of offering g alternate la d you may get alternative land 

Ajay Sethi
Advocate, Mumbai
96719 Answers
7798 Consultations

1. You are free to sell or gift your land which you had inherited while you were a citizen of India.

2. However, you cannot purchase agricultural property without the prior permission of RBI.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Has the government offered you compensation for the land acquired?

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Being a NRI you are not eligible to buy or acquire agricultural land in India except by operating the law of inheritance. 

Hence your claim for purchase of agricultural property in India at this stage is not possible. 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

1. You can sell of your said agricultural land and can buy agricultural land in other places of the state which allows such buying of agricultural land by non-agriculturists.

 

2. Only few States like West Bengal allow non-agriculturists to buy agricultural land.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27430 Answers
726 Consultations

You have the right to get the alternative land if provided by the Government or compensation since you are the sole owner of the said acquired land.

Krishna Kishore Ganguly
Advocate, Kolkata
27430 Answers
726 Consultations

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