Thanks for reading my question.Following below are my details: 1)i am PR in canada and are in process to get Canadian citizenship and OCI card after it.My father passed away in 2020 because of Covid without will.I have my mother,younger brother and Married sister in india.we are from Hindu religion. 2)With OCI, can I get transfer my share in Inherit Agricultural land and Father Home ? 3) Can i sell my share of Inherit Agricultural Land as OCI Card holder? 4) Is OCI card mandatory to inherit Land and sell it after Canadian Citizenship? 5) what are the tax obligations for me as both india and canada signed Double Taxation Treaty? 6) Should I wait to apply canadian Citizenship and solve all this matter as indian passport holder because the whole process is complicated? ( But my situation here i have to apply citizenship because there is no chance to come me india next couple of years ) 7. I have both Aadhar card and Pan card of india.
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1) You can sell your share in agricultural land as Canadian citizen but to resident Indian
2) you can get property mutated in your name
3) you should obtain OCI card but it is not mandatory to inherit land
4) sell your share before you obtain Canadian citizenship
Yes he can get the same inherited
1. You are entitled to inherit your share of agricultural land and your father's house, even though you are an OCI Card Holder.
2. You can't sell your share of inherited agricultural land as you are an OCI Card Holder.
3. Not mandatory.
4. Does not arise as you can't sell the inherited agricultural land as you are an OCI Card Holder.
5. Better to wait to apply for Canadian Citizenship till this matter is resolved.
6. Good to know that you possess both Aadhar and PAN Card, which will be useful for future transaction.
2. Yes, you can inherit your share out of your deceased father's estates including the agricultural property as a a right in the capacity of his legal heir.
3. Yes you can sell it after inheritance in favor of a resident Indian.
4. Not necessary.
5. There is no tax payable in India for inheriting the property from your father.
6. Your passport or your citizenship will not matter this in any manner, both are different subjects, you can pursue both simultaneously.
7. Yes, you can proceed.
Dear Client,
As an OCI Card Holder, you are entitled to inherit your share of agricultural land and your father's house.
However, it's important to note that you cannot sell your share of inherited agricultural land as an OCI Card Holder.
It is not mandatory to sell or dispose of the inherited agricultural land.
The issue of selling the inherited agricultural land does not arise due to the restrictions placed on OCI Card Holders.
Considering the limitations on selling inherited agricultural land as an OCI Card Holder, it might be advisable to wait until this matter is resolved before applying for Canadian Citizenship.
It's great to have both Aadhar and PAN Cards, as they will prove to be valuable for future transactions.
2. Yes, an OCI card holder can inherit agriculture land and fathers home
3. Yes, you can sell the same , but it can be sold to a person who is resident of India and not to an NRI
4. No, but being an NRI /PR , the same rule will applied on you
5. on selling the property , you will have to pay the tax
6. If you are an NRI presently , then also the same law will be applied
7. Only having the said cards, your status will not changed
Thanks for your input about my queries.What certificate i need for this process, succession certificate or Legal heir certificate?
Legal heir certificate is to identify legal heirs of deceased
2) succession certificate is only for movable debts and securities
3) apply for and obtain letters of administration from district court
Legal heirship certificate is essential for inheritance of immovable property in India
For immovable properties letter of administration and for movable properties succession certificate
It depends on the location of the property in India. In Karnataka only Genealogical Tree/Family Tree would suffice.
In India, possessing a legal heirship certificate is a crucial requirement for inheriting immovable property.
Legal heir certificate
Legal h C.
