Dear client,
NRI can inherit but can either gift away the inherited property or sell the same and remit the money outside India.
If NRI purchase agricultural land in mothers name and nri's brother gave in writing that he dont want share in the property so can nri in future can get it as inheritence.
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Dear client,
NRI can inherit but can either gift away the inherited property or sell the same and remit the money outside India.
Prepare and execute a family settlement deed or relinquishment deed after purchase of the property to avoid any future legal complications
See NRI can purchase the property in mothers name and mother can make will of same in favour of NRI.
At this stage brother has no right so even if he give in writing that won't be valid
.
If mother makes registered will and she does not change it then NRI gets the property.
Nri can purchase but in future on demise of mother legal heirs can claim equal share, as per Shariah law your mother cannot execute a entire property through will so better execute a relinquishment deed.
1. The NRI can pay for his mother's buying the agricultural land.
2. Unless he has registered a Relinquishment Deed duly relinquishing his share of the said land in favour of other legal heirs of his mother, he will legally inherit the said agricultural land from his mother after her demise.
Dear Sir,
Because, the new benami act 2016, warns you to buy any property in your sister/mothers name solely. You will be penalized even your property will be confiscated.
Also, in case of joint account the whole taxation burdon will be on your head.
On the other hand if you want to sell the property in future then also it will be very difficult for you to repatriate the money in your nre/nro account.
So, it will be wise that you play it safe and honest. Also you can consult with an expert consultant before buying any property in India.
Mother can execute will bequeathing land to you
2) will can be duly registered
3) reasons should be mentioned why land is being bequeathed to you
Once the property get transfer on legal heirs name than he can make relinquish deed on other brother name.
1. NRI is the de-facto owner of the property that he purchases in his mothers name.
2. HOWEVER, IF there is no dispute, THEN Mother can execute registered WILL /Gift Deed /Release Deed, in favor of NRI son, to perpetually transfer the property for all futuristic legal purposes, without any further reference to anybody else.
If the property is in your mother's name then all your siblings shall have a share after her death. But if all your siblings give in writing ie sign a relinquishment deed then you alone would get the property.
Regards
Since the property shall be on his mother's name she may either write a Will bequeathing the property on NRI son's name or after her intestate death the property shall devolve equally on all her legal heirs.
If the other legal heirs relinquished their rights in your favor, then you can inherit the properties.