• Agricultural land/plantation/farm house by OCI living in India

Hello,
I am an OCI with a US passport living in India for the past 4 years. I was born in India and later became a US citizen. 

Will I be able to purchase an agricultural land or plantation or fame house (any of the three) either with OR without RBI permission? If RBI allows such a purchase after their review and approval, I will definitely work though that process.

So is this possible at all for any of the 3 categories?

Thanks
Ram
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

A person resident outside India (that is, an NRI, a PIO or a foreign national of non-Indian origin) cannot acquire agricultural land/plantation/farm house in India by way of purchase.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

As foreign national you cannot purchase agricultural land in India

You need RBI permission which would not be easily granted

You can visit RBI website for details regarding authority to be approached for purchase of agricultural land

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

The RBi does not permit an NRI to purchase agricultural land in India. NRIs may purchase any immovable property in India, but cannot purchase agricultural land, plantation property or a farmhouse in India.

https://www.rbi.org.in/Scripts/BS_ViewMasCirculardetails.aspx?id=8095

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

You must satisfy the following three conditions to purchase agricultural land in Karnataka.; The relevant provisions of law are as follows.

=========================================

Agricultural land can be bought in Karnataka after fulfilling certain requirements.

These include:

The annual average income of the person including agricultural income should be less than Rs 25 lakhs.

The person must have had an agricultural land in his name before the year 1974. The person should be an agriculturist or an agricultural worker by profession.

As per Section 79A of the Karnataka Land Reforms Act 1961, the non-agricultural income of a purchaser who must be an agriculturist should not exceed Rs 25 lakhs per year. Sale of land granted to members of scheduled caste and tribe is not allowed. Also, sale of land granted by the government is not allowed for a period of 15 years. Agricultural land can be used only for agricultural purposes and no other purposes. Utilising agricultural land for any other purpose is prohibited by law. Agricultural land, which does not come under the Green Belt, can be converted for non-agricultural purposes like residential, commercial, industrial etc, subject to the approval of the Special Deputy Commissioner on payment of the prescribed fees and subject to certain conditions.

Dear Sir,

You must satisfy the following conditions, if not then you must get a certificate showing you are agricultural labor. The later is easy because even Amithab Bachan taken such certificate to legalize his purchase of agricultural fields that is coffee estates.

(i) That he is coming from agricultural family and holding agricultural lands as on prescribed date i.e., 01.03.1974.

(ii) That his individual income is less than Rs. 2,00,000/- per annum and

(iii) That he is having source of income to purchase above agricultural land.

Agricultural land can be bought in Karnataka after fulfilling certain requirements.

These include:

The annual average income of the person including agricultural income should be less than Rs 25 lakhs.

The person must have had an agricultural land in his name before the year 1974. The person should be an agriculturist or an agricultural worker by profession.

As per Section 79A of the Karnataka Land Reforms Act 1961, the non-agricultural income of a purchaser who must be an agriculturist should not exceed Rs 25 lakhs per year.

===================================================================

KARNATAKA LAND REFORMS ACT 1961

RESTRICTIONS ON 1

[HOLDING OR]

TRANSFER OF AGRICULTURAL LANDS

[79A. Acquisition of land by certain persons prohibited.—(1) On and

from the commencement of the 3

[the Karnataka 4

[Land Reforms

(Amendment) Act, 2015]4

]

, no person who or a family or a joint family which

has an assured annual income of not less than rupees 4

[[twenty fivelakhs from sources other than agricultural lands shall be entitled to

acquire any land whether as land owner, landlord, tenant or mortgagee with

possession or otherwise or partly in one capacity and partly in another.

=========================================================================

79B. Prohibition of holding agricultural land by certain persons.—(1)

With effect on and from the date of commencement of the Amendment Act,

except as otherwise provided in this Act,—

(a) no person other than a person cultivating land personally shall be

entitled to hold land; and

(b) it shall not be lawful for,-

(i) an educational, religious or charitable institution or society or

trust, other than an institution or society or trust referred to in subsection

(7) of section 63, capable of holding property;

(ii) a company;

(iii) an association or other body of individuals not being a joint family,

whether incorporated or not; or

(iv) a co-operative society other than a co-operative farm,

to hold any land.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Being a citizen of US, you will have to take permission from the RBI in order to purchase an agricultural land, however the same will be a difficult process.

Get in touch with some local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

You have to satisfy the following 3 conditions to purchase agricultural land in Karnataka.

Agricultural land can be bought in Karnataka after fulfilling certain requirements.

These include:

The annual average income of the person including agricultural income should be less than Rs 25 lakhs.

The person must have had an agricultural land in his name before the year 1974. The person should be an agriculturist or an agricultural worker by profession.

As per Section 79A of the Karnataka Land Reforms Act 1961, the non-agricultural income of a purchaser who must be an agriculturist should not exceed Rs 25 lakhs per year. Sale of land granted to members of scheduled caste and tribe is not allowed. Also, sale of land granted by the government is not allowed for a period of 15 years. Agricultural land can be used only for agricultural purposes and no other purposes. Utilising agricultural land for any other purpose is prohibited by law. Agricultural land, which does not come under the Green Belt, can be converted for non-agricultural purposes like residential, commercial, industrial etc, subject to the approval of the Special Deputy Commissioner on payment of the prescribed fees and subject to certain conditions.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Dear Client,

Person who had bought residential/commercial property/agricultural land/ plantation property/farm house in India when he was an Indian citizen, can continue to hold that property without the approval of the Reserve Bank after becoming an OCI card holder and after becoming OCI, not permitted to purchase agricultural land, including farmland or any kind of plantation property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

An OCI or NRI cannot purchase agricultural land in India, even though you are residing in India for the past 4 years.

A person resident outside India (that is, an NRI, a PIO or a foreign national of non-Indian origin) cannot acquire agricultural land/plantation/farm house in India by way of purchase. An NRI or a PIO may acquire residential/commercial property by way of gift from a resident of India, an NRI or a PIO.

According to FEMA 21/2000 RBI rules dated May 3, 2000, an NRI or PIO cannot acquire agricultural land /farm house/plantation property in India. If an NRI does so, then it will be a violation of FEMA laws that can result in a penalty or even confutation of such property.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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