• NRI purchase property in mothers name

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.
Asked 6 years ago in Property Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

Dear client,

NRI can inherit but can either gift away the inherited property or sell the same and remit the money outside India.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Prepare and execute a family settlement deed or relinquishment deed after purchase of the property to avoid any future legal complications

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Once the property get transfer on legal heirs name than he can make relinquish deed on other brother name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

yes the NRI in future can get the inheritance right over the property. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes it can be inherited

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that if NRI buy any agricultural land in the name of the mother then would brother have any right in the same after relinquishing his right in the land.
  2. Actually, when the property will be bought in the name of the mother then there is no question arises for brother to give any such thing in writing as he doesn’t have the right in the land so how can he give this in writing.
  3. It is the property of mother, she can give it to anyone she wishes to.
  4. But, yes if she dies without any Will with respect to the same land then brother would have equal rights with the NRI until and unless he then gives in writing.
  5. So, for now it can’t be get premature statement as NOC.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer