In my opinion and advise the anscestral land are not required to be transferred, it automatically devolves upon the legal heirs.

You may please bear in mind that ancestral land are those which remain undivided for four generations, and all the generations are enjoying the fruit out of the said land and no division has been made and therefore if it is an ancestral land then your father during his lifetime can not transfer the title to you.

Also there is no concept of dual citizenship in India, if your father has obtained canadian citizenship then he automatically ceases to be an INDIAN.

Aif the same is not an ancestral property then it can be vested upon you by means of a gift deed, which entail 5% stamp duty.

Regards

1. Indian Constitution does not recognize the concept of dual citizenship. According to Section 9 of the Citizenship Act, 1955, which deals with termination of citizenship, any citizen of India, who by registration, naturalisation or otherwise voluntarily takes the citizenship of another country, shall upon such acquisition cease to be a citizen of India.

2. Your father can gift the land through execution of a gift deed. A NRI/PIO can gift his agricultural land in India but only to a person resident in India who is a citizen of India. The gift deed has to be registered in the office of jurisdictional sub-registrar.

your father can execute will bequeathing farm land to you

2) will should be attested by 2 witnesses

3)Agricultural land, plantation property and farm house in India cannot be acquired by way of gift.by foreign citizen

The ancestral property that has devolved upon your father and has been registered in his name already after a formal partition, can by transferred to you by him by way of a gift deed. After the gift deed is drawn and registered, get the property mutated in your name.

Agricultural land cannot be transferred in your name by gift deed as you are a foreign citizen

2) best option is for father to execute will in your favour

3) on demise of your father farm land would devolve upon you as beneficiary under will

4) POA ceases on demise of principal

A foreign national of non-Indian origin, resident outside India cannot purchase any immovable property in India unless such property is acquired by way of inheritance from a person who was resident in India. However, he/she can acquire or transfer immovable property in India, on lease, not exceeding five years.

A foreign national cannot buy agricultural property in India, however he can acquire the same by inheritance.

I am a Canadian citizen, born in Canada. I don't have an OCI/PIO card either. Since I am not an Indian Citizen, can he still transfer the land via gift deed? If so, what is the fee?

It cannot be transferred by gift deed, but you can inherit the property after your father's lifetime as his legal heir.

NRI / PIO may sell agricultural land /plantation property/farm house to a person resident in India who is a citizen of India.

Foreign national of non-Indian origin resident outside India would need prior approval of the Reserve Bank to sell agricultural land/plantation property/ farm house in India.

yes he can transfer the same to you via gift deed.

yes it will be transferred to all the legal heirs as per the succession laws if he passes away without a will.

Yes the same can be transferred on the basis of POA, the same should be SPOA.

Regards

1. You a person of Indian Origin for which you can own a immovable property.

2. Get a gift deed registered by your father gifting you the said property.

3. Your buyer shall have to pay the registration fees as prescribed by the local Government and pay the required stamp duty along with lawyer's fees for selling the said flat.

Get executed a GPA in your name for the time being. For permanent solution, get it gifted to you or get the sale deed executed. You can explore the possibilities there where land is situated as there may be some special exemptions in transfers in blood relations. Remember that the property will remain ancestral untill anybody purchases it by making payments.

If you just want to operate the property then nobody will have any issue and you can do it

If you want to get it in your name then you can pay applicable stamp duty and get it transferred in ur name or in name of anybody else.

You can get gift deed and sale deed for transfer.

1. Foreign Citizen can not own a house in India in his name.

2. So you shall have to obtain the OCI card which will entitle you to own an immovable property in India.

3. Once you obtain the OCI certificate, your father will be able to execute and register a gift deed in your favour.

4. Once the title of the property is transferred in your name, you shall be able to sell it at any point of time you find suitable to you.