• Inheritance of land in Punjab

Mdm

I am a Singaporean female whose grandparents were Indian citizens who converted to Singapore citizenship subsequently, they owned agricultural land in Punjab and upon their death, my father a Singaporean by birth who also has a OCI inherited the land from them, now the question arises that can I a foreigner inherit the land from my father? 

Because I read online that a foreigner can only inherit from a Indian citizen, which my father is not. So what do you advise?
Asked 7 years ago in Property Law
Religion: Sikh

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9 Answers

you can inherit agricultural land from your father who is OCI

2) you cannot acquire agricultural land but there is no bar for foreign citizen inheriting agricultural land

3) in alternative your father can during his lifetime sell agricultural land

Ajay Sethi
Advocate, Mumbai
97956 Answers
7943 Consultations

1. There is no bar to acquisition of property through inheritance by a foreign citizen who is of Indian origin. If you have your OCI card then you are competent to inherit it.

2. A person resident outside India i.e. i) an NRI; ii) a PIO; and iii) a foreign national of non-Indian origin can inherit and hold immovable property in India from a person who was resident in India and a person resident outside India (i.e. NRI or PIO or foreign national of non-Indian origin). However, the person from whom the property is inherited should have acquired the same in accordance with the foreign exchange law in force or FEMA regulations, applicable at the time of acquisition of the property.

Ashish Davessar
Advocate, Jaipur
30814 Answers
975 Consultations

1. You get your OCI made, without which you cannot sell it and repatriate the sale proceeds.

2. The will can be made in Singapore but get it registered in India.

Ashish Davessar
Advocate, Jaipur
30814 Answers
975 Consultations

1) you can sell the agricultural land inherited by you to citizen of India who is permanently residing in India

2) you can remit not more than one million dollars after payment of all taxes in india

3)your father can execute will in Singapore for his agricultural land in India

Ajay Sethi
Advocate, Mumbai
97956 Answers
7943 Consultations

Dear Client,

OCI cannot acquired agricultural or plantation properties but can inherit property in India

And Big difference between OCI and foreigner.

AND ur father can sale the land and repatriate consideration or buy another property in ur sole name.

Yogendra Singh Rajawat
Advocate, Jaipur
23013 Answers
31 Consultations

Your father may transfer agricultural land/ plantation property / farm house acquired by way of inheritance, only to Indian citizens permanently residing in India.

Foreign nationals of non Indian origin resident outside India are not permitted to acquire any immovable property in India unless such property is acquired by way of inheritance from a person who was resident in India. Foreign Nationals of non Indian origin who have acquired immovable property in India by way of inheritance with the specific approval of RBI can not transfer such property without prior permission of RBI.

A person resident outside India (i.e. NRI or PIO or foreign national of non Indian origin) can inherit immovable property from

(a) a person resident in India.

(b) a person resident outside India.

However, the person from whom the property is inherited should have acquired the same in accordance with the foreign exchange regulations applicable at that point of time.

T Kalaiselvan
Advocate, Vellore
88158 Answers
2382 Consultations

So would I as a foreign citizen be able to sell the land in India if inherited? Or do I need to convert to OCI before selling?

The inheritance itself is a problem, hence the selling shall happen only when the inheritance is permitted.

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

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

T Kalaiselvan
Advocate, Vellore
88158 Answers
2382 Consultations

1. If you can obtain a OCI certificate from the authority then you shall be eligible to buy/sell/inherit properties in India and deal with such properties in India.

2. Since your father is also an OCI Card holder, you can very well inherit his properties being agricultural in Punjab after obtaining the OCI card for yourself.

Krishna Kishore Ganguly
Advocate, Kolkata
27538 Answers
726 Consultations

1. Yes, you can sell or otherwise deal with your said inherited property after obtaining the OCI card for yourself.

2. If your father is still alive then you can not inherit his property during his lifetime unless he transfers the title of his property in your favour by registering a deed of conveyance in your name.

3. He can get the said deed made by a local lawyer in India and sent to him for getting his signature appended on it notarised and getting the deed of conveyance registered before the appropriate officer on the Indian Consulate at Singapore.

4. If the Indian consulate at Singapore refuses to accommodate then he shall have to come to India for registering the said deed of conveyance in your favour or ro register the sale deed in favour of a third party.

Krishna Kishore Ganguly
Advocate, Kolkata
27538 Answers
726 Consultations

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