• NRI having Indian Passport and owns a Pvt. Ltd. Company. Can my company buy agricultural land?

I am an NRI having Indian Passport and owns a Pvt. Ltd. Company. Can my company buy agricultural land for the purpose of livestock farming ?
Asked 3 years ago in Property Law
Religion: Christian

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13 Answers

Since general permission is not available to NRI/PIO to acquire agricultural land/ plantation property / farm house in India, such proposals will require specific approval of Reserve Bank and the proposals are considered in consultation with the Government of India.

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Certain states, such as Maharashtra, Gujarat  only permit agriculturists to acquire agricultural land, whereas in other states, such as Delhi, Goa, Bihar and Tamil Nadu, both individuals and companies are permitted to acquire agricultural land for carrying out agricultural activities.

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Your company can buy agricultural land for 60 months and not more than that.

But you try in make members to farmers than you can form a cooperative agricultural farm where your foreign company will have tie up to sell live stocks to sell in foreign countries.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

As NRI you cannot purchase agricultural land in Kerala 

 

as far as purchase of land by company consult a local lawyer in Kerala 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

NRIs cannot buy agricultural property, farmhouses, or plantations in India, according to FEMA and the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) laws, hence such proposals by the company owned by NRI will require specific approval of Reserve Bank and the proposals are considered in consultation with the Government of India. 

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If the proposed purchase of agricultural land is to be purchased by the company owned by a NRI, despite the fact there are other resident directors in the company, it will still require specific approval of RBI as per FEMA guidelines. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Even if you belong to Kerala or any other state in India, as a NRI you are not eligible to purchase agricultural/farm land.

For purchasing the agricultural land on the name of your company you may have to follow the rules and guidelines prescribed by Reserve Bank of India and obtain specific approval.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

No agricultural land cannot be bought by nri as per rbi rules

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

You can purchase the agriculture land in your company's name only once you have obtained permission from RBI. After that, you'll have to prepare a proposal as to why and for what purposes, you wish to buy the agricultural land and submit it to  district collector and obtain permission from him.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

According to the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations NRIs CANNOT buy agricultural land in India.

NRIs are allowed to buy commercial and residential properties however they are not allowed to buy plantation lands or farmhouses in India. But if they wish to buy agricultural land special permission from the RBI must be obtained. 

NRIs with an intention to buy agricultural land must write and request permission from the Chief General Manager of RBI

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

NRIs with an intention to buy agricultural land must write and request permission from the Chief General Manager of RBI and post it at the address given below:

The Chief General Manager,

Reserve Bank of India,

Central Office, Exchange Control Department, Foreign Investment Division (III),

Mumbai: 400 001

 

If the RBI has given the NRIs authorization to buy these lands, RBI approval is needed to finalise the purchase of Agricultural land.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Dear client,  Your company can buy agricultural land for 60 months and not more than that. But you try in make members to farmers than you can form a cooperative agricultural farm where your foreign company will have tie up to sell live stocks to sell in foreign countries.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Prohibition against purchase of agricultural by NRI is absolute. A NRI cannot cheat the law by buying it through forming any P. Ltd. company, partnership firm or trust.  

Ravi Shinde
Advocate, Hyderabad
5128 Answers
42 Consultations

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