• Can NRI belonging to Agricuturist family purchase agricultural land in India?

Hi,
I am working in Dubai & belongs to agricultural family in Vidarbha, Maharastra. After my father's death my name is mutuated in record for small agricultural land we own. I visit India every year and now I want to buy agricultural land in village of Vidarbha, Maharastra.
Can I purchase buy it? Can it be purchased from person of SC/ST caste.
It will be great help if I can know the section/law under which it can be done.
Thank you,
abk
Asked 6 years ago in Property Law
Religion: Muslim

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15 Answers

To purchase an agricultural property in India, an NRI has to take a prior approval from RBI (Reserve Bank of India), or he/she can acquire this property only by way of inheritance.

 

If an NRI does so without the prior permission of RBI, then it will be a violation of FEMA laws that can result in a penalty or even confutation of such property.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

As per notification No. FEMA21/2000 RBI dated May 3, 2000, NRI or PIO cannot acquire agricultural land or plantatiom (property or farm house) in India .Purchase of any property in violation of FEMA laws can result in fine or even confixation of such property. To purchase agricultural land approval of the Reserve Bank is necessary. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes you can purchase the same but some  SC/ ST land is given by government which is not saleable or transferable. Kindly check the same before investing

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See NRI cannot purchase agriculture land in India though you can hold the land you received as inheritance. The master circular number and the notification number you will find in the link below : https://m.rbi.org.in/Scripts/FAQView.aspx?Id=117

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

NRIs cannot buy agricultural land in India except with the prior permission of Reserve Bank of India (RBI) which is granted only in exceptional cases

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you're still Indian citizenship than only you can purchase agricultural land otherwise not. If you're NRI or OCI holder than you can purchase land on lease for 60 months. 

 

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You please go through the provisions of the ZA Act.

You may purchase the land even from the SC/ST Caste but the land should not be of allotted by the government to them(PATTA) otherwise have to wait till 10 years to be passed for the purpose.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Sir,

With regards to your query regarding purchase of the agricultural land, as per FEMA guidelines if you have stayed in India for more than 182 days in a year then you can purchase an agricultural land with the status of an NRI or you can inherit the agricultural land . these are the only two ways a person with NRI status can own an agricultural land.

if you do not fit into any of the two conditions you cannot buy an agricultural land on your name if you do so you land can get confiscated or the FEMA authorities could fine you.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Since you own a piece of land you are eligible to buy agricultural land as you are an NRI. As far as buying from an sc st is concerned it depends upon the law prevailing in the state. The Uttar Pradesh this bar has been removed. 

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Client,

As per tenancy act of Maharashtra, an agriculturist is a person who cultivates land personally and elaborate definition as per GST , an individual or a Hindu Undivided Family (HUF) who undertakes cultivation of land (a) by own labour; or (b) by the labour of his family; or (c) by servants on wages payable in cash or kind or by hired labour under personal supervision or the personal supervision of any member of the family.’

 

You do not fall in either except under GST definition B and C, if you are. So make your if your status is under threat

And Agriculturist can purchase more land subject to ceiling prescribed under the act/law.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

 

- NRIs can buy all sorts of immovable properties in India other than agricultural land, farm house and plantation property

- Reference to SC/ST, many states have reserved area for backward community which has tax rebate benefit with given on lease under special provision and can not be sold or bought by any other community i.e Rajesthan

-  So, if an NRI wants to purchase a farmhouse or plantation, s/he will have to approach the RBI for a specific permission and the RBI will consider this on a case-to-case basis.

- At RBI  website the information of "Purchase of immovable property outside India by Resident Individuals" is clearly given. (https://m.rbi.org.in/Scripts/FAQView.aspx?Id=117)

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

1.  Based on the existing 7x12 extract and Form -6 obtained from the Tahsil office, an existing agriculturist can purchase a aggregate 54 acres of land anywhere in Maharashtra.

2.  It would be prosecutable offence to purchase an SC /ST land in anyway, without his land being converted from "new tenure" to "old tenure" (Free Hold), which can be done, by following due procedure of law, thru the office of the dist. collector.

 

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. Since you are a NRI, you won't be able to buy agricultural land in Maharashtra even if you belong to an Ariculturist family.

 

2. Had youy not be a NRI, you   could have bought agriculural land with a sealing of 54 arees for your family.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

As a NRI you cannot purchase agricultural land in India even though you belong to an agriculturist family.

You can inherit the agricultural land as your share from your father's property

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have a farmer family background.
  2. Yes, despite the fact that now you being a NIR, you can still buy the land for agricultural purpose in Indian as per the prescribed limit of having agricultural land in possession.
  3. But for the same, you will have to execute an affidavit before the Tehsildaar of your district and get the permission from him for buying the same.
  4. And there is no provision which would say that from whom you buy or from not.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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