On father demise your mother , you and siblings are legal heirs
2) your son is not legal heir
3) they cannot execute gift deed in favour of your son as he is OCI and cannot acquire agricultural land by gift deed
Inheritance to OCI grandson
My father resident of India died. I am an OCI and my son is also is an OCI. My father acquired agricultural land. He did not leave a will, though he wanted to give the land to my son. My siblings (residents of India) and my mother all are OK with transferring that land to my son. Can the agricultural land be transferred to my son (assuming my siblings and mother agree)?
Asked 3 years ago in Property Law
Religion: Hindu
9 Answers
Not assuming there should be some documentary evidence of agreement on record. They should atleast execute relinquishment deed for the same in your sons favour
1. a grandson is not a legal heir of a male Hindu dying intestate
2. you, your siblings and your mother are your late father's class 1 legal heirs under the Hindu Succession Act
3. so your siblings and mother can first release their respective shares in your favour by registering a release deed in your favour
4. thereafter you can transfer the land by way of a gift deed in favour of your son after taking the permission from RBI since agri lands cannot be held by foreign citizens
1. Your OCI Son can inherit agricultural land in India.
2. Even though in the normal course he could not have bought the agricultural land in India, but he can inherit agricultural land inspite of his status being OCI.
Dear Sir / Ma'am,
A non-resident Indian or an Overseas Citizen of India cardholder can acquire any immovable property in India (including agricultural land) by way of inheritance from a person resident in India.
Thank You.
1. Where the land is situated?
2. The agricultural land in some States like Karnataka can not be transferred to a non agriculturist.
3 If your State falls in that category then the said land can not be transferred in favour of your son.
4. However, you as well as your son can inherit the said land from your father and in that case your siblings and mother shall relinquish their rights in your favour or in favour of your son.
The agricultural land cannot be transferred to an OCI even if all the other shareholders are agreeing for transferring the same to the next generation children.
If your father is not living, then as his legal heir you can inherit (even though you are an OCI) your legitimate share in the agricultural properties left behind by your deceased father if he is reported to have died intestate, as a right.
Your son can be entitled to inherit the agricultural properties provided when succession opens to him.
Yes. OCI holders can inherit property in India without any bar of law.
- As per law, an NRI or person of Indian origin (PIO), can inherit any immovable property in India, whether it is residential or commercial or an agriculture land.
- Further, a non-resident Indian (NRI) or person of Indian origin (PIO), can inherit any immovable property in India
- The RBI's permission is necessary, if the inheritance results in favour of a citizen of a foreign state, who is a resident outside India.
