Hi Sir I am NRI and OCI card holder and My wife is an Indian National lives in Andhra Pradesh. My wife owns some agriculture land. can my wife do a gift registration of this agriculture land to me? regards Narayana
Dear sir,
Yes, NRIs and PIOs can receive property as gifts from a person resident in India, from another NRI or from a PIO. However, the property can be only a commercial property or a residential property but, Agricultural land, plantation property and farm house in India cannot be acquired by way of gift.
Thank you,
She can very much register a gift deed in your favor for which you need not come to India. You can draft Special Power of Attorney in favor your blood relative to accept the gift. Draft SPA in favor you relative on 100 rupees bond paper or even on white paper take SPA to Indian consulate and get it attested which they will readily do. Now due to pandemic walk-ins to consulate are suspended you get attestation online. Send that SPA to your named relative he can sign on gift before Registrar on your behalf and wife can sign as donor. A gift deed of property is registered in your favor.
An NRI can inherit agricultural land in India but can't buy or accept agricultural land/plantation as Gift.
Wife cannot execute gift deed for agricultural land in favour of OCI husband
Your wife cannot transfer the agricultural land to a NRI and OCI card holder even though you are her husband.
The NRI cannot purchase or acquire an agricultural land ion India, however he can inherit the agricultural land as per inheritance law.
- A non-resident Indian (NRI) or person of Indian origin (PIO), can inherit any immovable property in India, whether it is residential or commercial or agriculture .
- But , the RBI's permission is necessary, if you want to take the property as gift from your wife .
Yes she can. An OCI can ingerit land or he can receive the property as a gift.
can a gift (agriculture land) can be taken from mother or father instead of wife?
Since you are NRI agricultural land cannot be gifted to you by your parents
A NRI cannot purchase or acquire the agricultural property in India even by a gift deed from anyone.
Yeah that can be done too.
- As per FEMA21/2000 RBI rules , an NRI or PIO cannot acquire agricultural land /farm house/plantation property in India.
- If you will take an agriculture land by way of gift even it will be a violation of FEMA laws , that can result in a penalty or even confutation of that property.
- Prior approval from Reserve Bank of India is necessary.
Dear Sir/Ma'am
The property can be only a commercial property or a residential property. Agricultural land, plantation property and farm house in India cannot be acquired by way of gift from either parent if they are NRI or OPI.
Thank You,