• Can NRI or Society of NRIs purchase agriculture land under municipality in Dehradun

Can NRI or group of NRIs (Holding Indian Passport but working in Gulf country), purchase around 6 Bigha Agricultural land in Deheradun (UK) which is under municipality limit?
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

There is no restriction of an Indian passport holder to purchase agricultural land provided the concerned state allows non farmers to buy such type of land. 

Devajyoti Barman
Advocate, Kolkata
23284 Answers
518 Consultations

NRI  is not eligible to purchase agricultural land in India. 

Neither he can form a group for purchasing agriculture property in India. 

 

T Kalaiselvan
Advocate, Vellore
87451 Answers
2348 Consultations

You have been misled that you can purchase agricultural land by obtaining permission from RBI being NRI. 

A NRI  cannot purchase agricultural land in India. 

T Kalaiselvan
Advocate, Vellore
87451 Answers
2348 Consultations

You cannot purchase agricultural land 

 

NRI cannot cannot purchase agricultural land in India 

 

You can make application to RBI for permission but it may not be granted 

Ajay Sethi
Advocate, Mumbai
97249 Answers
7855 Consultations

RBI generally does not grant permission to NRI to purchase agricultural land in India 

Ajay Sethi
Advocate, Mumbai
97249 Answers
7855 Consultations

Under Fema and the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2018, NRIs are not permitted to purchase an agricultural land or plantation property or farmhouse in India.

Ajay Sethi
Advocate, Mumbai
97249 Answers
7855 Consultations

Dear sir/ma'am,

 a non-resident Indian can buy either a residential property or a commercial property in India. Further, there is no limit on the number of residential or commercial properties that an NRI can purchase in India. Exception: An NRI however cannot buy agricultural land, plantation land or a farm house in India.

 

 

Anik Miu
Advocate, Bangalore
10292 Answers
121 Consultations

- As per FEMA21/2000 RBI rules , an NRI or PIO cannot acquire agricultural land /farm house/plantation property in India.

- If you will purchase an agriculture land in India, then it will be a violation of FEMA laws , that can result in a penalty or even confutation of that property.

- Further, to purchase an agricultural property in India, an NRI has to take a prior approval from Reserve Bank of India, But you can acquire this property only by way of inheritance.

- Being an NRI , you are only allowed to purchase residential or commercial property in India.

- However , you can purchase the agriculture land in the name of your spouse etc. 

Mohammed Shahzad
Advocate, Delhi
14650 Answers
224 Consultations

Your query was about a NRI purchasing agricultural property in India. 

Under Fema and the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2018, NRIs are not permitted to purchase an agricultural land or plantation property or farmhouse in India.

Under the exchange control law, NRIs cannot own an agricultural land in India.

However, they may acquire such agricultural land through inheritance from a person residing in India. Accordingly, you may inherit an agricultural land.

Though RBI has given general permission to the NRIs to purchase immovable properties in India, the permission does not grant power to acquire any and every property in India. The NRIs are allowed to purchase only residential or commercial property. So NRIs cannot purchase any agricultural land or plantation property.

T Kalaiselvan
Advocate, Vellore
87451 Answers
2348 Consultations

At  least in WB there is no such restrictions..

Devajyoti Barman
Advocate, Kolkata
23284 Answers
518 Consultations

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