• Transferring agriculture property to NRI

Dear sir,

My father has agriculture land in his name. I have two sisters. Property was purchased by my father with the money sent by me as NRI.
I want to transfer that property in my name or in my childrens name. What is the best way to do this.
We are still NRIs .
Who will have right on this property after my father.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

Your father can execute will bequeathing agricultural land to you

2) will should be attested by 2 witnesses

3) registration of will is optional

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. In which year your father had purchased the said property?

2. If it has been purchased before the year 1988, then you can claim that you had purchased the said property as benami property in the name of your father.

3.As of now, after the demise of your father intestate, your mother, you and your two sisters will equally inherit the said property.

4. Get a gift deed registered by your father in your favour conveying the title of the said property and in that case your children will inherit the same after your demise intestate.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Hi

1) A person resident outside India who is a citizen of India (NRI) can acquire by way of purchase, any immovable property in India other than agricultural land/plantation property/farm house.

2) Since you have two sisters and since the lands are registered in your father's name, legally sisters can also claim a share of agricultural lands (subject to certain conditions).

3) So, in order to have an early settlement of land ownership during the life time of your father, it is better to have a registered WILL executed by him in your favour/children's favour.

4) Your father can execute a registered WILL in your favour (since sale/Gift deed is not permitted) or in favour of your children to transfer the ownership. According to law, an NRI can acquire properties by way of WILL, Partition, family settlement etc and hence getting a registered WILL is the best solution.

5) The WILL shall be effective subsequent to the life time of your father.

6) In the unlikely event of a dispute in ownership, you can take a stand that since technically an NRI cannot purchase Agricultural land in his name, you can take a stand that

a) You have through your hard earned money funded the purchase of agricultural property by your father for and on behalf of you and

b) You have got the agricultural lands registered in your father's name and hence you are the sole beneficial owner of the property.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. NRI is not thng by citizen of this country and no restrictions is made to transfer land to or from NRI.

2.So now your father can make gift deed either in your name or your children's name.There is no issue.

3.Such gift deed is to be registered on payment of stamp duty.

4. once gift deed is made the donee of the gift deed becomes its absolute owner. Your sister can not claim it back.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

As per the Hindu succession laws, the intestate property of the deceased shall devolve equally on his legal heirs. You being a legal heir to your father shall b entitled to a legitimate share in the properties left behind by your father.

A NRI can inherit the agricultural properties though h may not be able to buy the same.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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