• Land transfer

Hi i lived in Australia my father would like to transfer agriculture land to me i am an OCI holder could you please let me know about this transfer
Asked 6 months ago in Property Law
Religion: Other

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14 Answers

You can only inherit agricultural land on father demise 

 

you cannot be gifted agricultural land by father as you are an OCI 

 

 

Ajay Sethi
Advocate, Mumbai
96923 Answers
7820 Consultations

A NRI or a OCI card holder or a foreign citizen cannot acquire agricultural landed property in India by any mode other than by way of inheritance.

Hence the proposed transfer of agriculture property by your father to you will not be legally valid.

T Kalaiselvan
Advocate, Vellore
87122 Answers
2338 Consultations

Greetings. An OCI card holder is restricted from buying agricultural land in India but in your case since it is your father, he can transfer it to you in the form of a gift deed. Any Govt. fee like stamp duty or registration fee depends upon the state in which the agricultural land is for eg. in Punjab, there is not tax or fee on gift of property between blood relatives. 

kindly state any additional questions that you may have and i would be happy to answer those.

Gagandeep Singh Thandi
Advocate, Pathankot
43 Answers

Dear client, as you are an OCI you cannot acquire an agricultural land under FEMA Act and the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2018. You can only inherit the agricultural land.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

As long as he is of sound mind and is capable of legal consent, he can make a gift deed in your favour. Again, this depends on a variety of factors such as if the land is ancestral, are there any other heirs, the state in which the land is, etc

Gagandeep Singh Thandi
Advocate, Pathankot
43 Answers

Agricultural land cannot be gifted to OCI 

Ajay Sethi
Advocate, Mumbai
96923 Answers
7820 Consultations

Dear client, you can acquire the land through gift deed and you have to be present in India to register it in your name.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

It can’t be transferred to oci only inherited by you, if you need transfer you need special permission from RBI which is a complex process 

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

Are you NRI ? or Australian citizenship ?

 

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

- As per FEMA21/2000 RBI rules , an OCI /NRI or PIO cannot acquire agricultural land /farm house/plantation property in India by way of Gift except that gifting of residential and commercial property is permitted from relatives only.

- Hence, your father cannot gift the agriculture land to you. 

Mohammed Shahzad
Advocate, Delhi
14508 Answers
221 Consultations

Transfer of agriculture property by a resident Indian to a NRI/OCI/foreign citizen by any mode of transfer is not permitted in law, and if anyone indulges in such activity will be termed to have committed an illegal act and also the transfer will be considered as invalid.

The NRI/OCI/ Foreign citizen can however inherit the agriculture property by personal successession law.

T Kalaiselvan
Advocate, Vellore
87122 Answers
2338 Consultations

Dear Client,I understand this is a challenging situation for you.

As an OCI holder, you are generally allowed to purchase and hold agricultural land in India, subject to certain restrictions and regulations.

If your father is the current owner of the agricultural land in India, he can transfer the land to you through a gift deed or a will. The transfer process may vary depending on the state where the land is located.

Your father can transfer the land to you through a gift deed, which is a legal document that transfers the ownership of the property without any monetary consideration. The gift deed must be registered with the appropriate authorities in India.

Your father can also transfer the land to you through a will, which is a legal document that specifies how his assets should be distributed after his death. The will must be executed in accordance with the Indian Succession Act.

Once the transfer is complete, the land must be registered in your name with the appropriate authorities in India. This process may involve paying stamp duty and other fees.

As an OCI holder, you may be subject to certain restrictions on the use and transfer of agricultural land in India. It is essential to familiarize yourself with the relevant laws and regulations in the state where the land is located.

If you are satisfied with the reply, kindly give me a 5 star rating.

Regards,
Arunkumar Khedia
Advocate Bombay Highcourt.

Arunkumar Khedia
Advocate, Mumbai
61 Answers

1. As you hold OCI card, you can only inherit agricultural land.

2. After your father's lifetime, you can inherit the agricultural land owned by your father.

Shashidhar S. Sastry
Advocate, Bangalore
5409 Answers
329 Consultations

It is advisable to not to keep the property as it is and it's better to sell of the property and invest the amount somewhere else. 
Yes, you need to come to India in case you decide to keep the property.
The laws are very complex. So advised as above. 

Anupam Pandey
Advocate, East Delhi
14 Answers

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