• Inheritance of agricultural by NRI children from resident Himachal Pradesh parents

My parents have inherited and bought land in their name in Himachal Pradesh village near Palampur as our ancestors were living there .

Wil that land be naturally transferred to us ( NRI) children or is their any process or documentation to be done while they are still around ?

They want us to continue to maintain and preserve legacy to their grand children also .

Appreciate your learned advise .
Asked 3 months ago in Property Law
Religion: Hindu

5 answers received in 2 hours.

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9 Answers

The properties now on the name of your parents will remain on their names alone till their lifetime unless they are willing to transfer the properties to their next generation children by executing a registered settlement deed or by a Will during their lifetime.

However they cannot transfer the agricultural properties to their NRI children during their lifetime, but their NRI children can inherit the agricultural properties operating Hindu succession act post demise of their parents who are reported to have died intestate. 

In either case, the transfers are not automatic, the procedural formalities are to be complied with properly in order to get the properties transferred to their names by the NRI children. 

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

On parents demise property would devolve on legal heirs 

 

2) parents can execute will bequeathing property to their legal heirs 

 

3) they cannot execute gift deed during their lifetime in favour of NRI 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

 

Consult a local lawyer regarding Himachali certificate 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

Non-Resident Indians (NRIs) can inherit property in India from their parents, including in Himachal Pradesh

NRIs can inherit any type of immovable property, including residential, commercial, agricultural, and farmhouses.

A legally valid will is important for NRIs to ensure the property is distributed according to the deceased's wishes. Probate is the legal process that validates a will and is essential for transferring immovable property to foreign nationals.

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

As per RBI rules NRI can obtain agricultural land by the way if inheritance. Its normal documentation transferring the title on legal heirs name,

If living out of Himachal Pradesh kindly obtain Domicile certificate from Himachal Pradesh, 

However on your Agricultural land property card also can obtain Farmers certificate on the names of parents.

Ganesh Kadam
Advocate, Pune
12995 Answers
262 Consultations

Dear Client,

As NRIs, on the death of your parents, their natural inheritance would pass on to you as legal heirs under the Hindu Succession Law. However, it is always advisable to formalize the process by having your parents execute a clear will for the transfer of the land to you, thereby avoiding any complexities in the future.

 

Regarding the Himachali status, since the land is in Himachal, non-agriculturists or NRIs may not be allowed to purchase agricultural land in the state. You would require a Himachali Certificate, also known as a bonafide certificate, establishing your Himachal lineage through your parents. These certificates are issued by the concerned Tehsildar's office after documents establishing your family's origins being from Himachal. Your parents' certificates, voter ID, or ration card can work as proof.

If to secure the land for the future generations is your desired purpose, then it is best when you are still with your parents to have already documented and registered it.

Thank you.Hope this answers your query.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

Simplest way is by will of testator 

 

on his demise you will be the owner of land 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

The owner can bequeath the property by a Will duly attested by witnesses in favor of the beneficiary which will be a valid mode.

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

- 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 , if the said agriculture land was obtained by your father NRI , in accordance with the provisions of law relating to foreign exchange, prevalent at the relevant time, then your can inherit the said land.

- But ,if the said agriculture land was acquired by your NRI father , without obtaining permission from the Reserve Bank of India, when the permission was required to be obtained, then this land cannot be inherited by the NRI or PIO, without specific permission of the RBI.

- You being an NRI cannot get the property by way of gift deed during his life time , and only after the demise you can inherit the property. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

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