An NRI cannot purchase agricultural land
2) your father can if he is an agriculturist purchase agricultural land
3) he can bequeath land to you by will
What are my options to buy 5 acre agricultural land in maharashtra as a NRI?
I want to buy a agricultural land of 5 acre i n Maharashtra. I'm in USA for last 6 years and will be here for few more years. What are my options to buy this land? Can I buy on my father s name and add me only as heir. I have a brother and two sisters.
Asked 6 years ago in Property Law
Religion: Hindu
17 Answers
The NRIs are allowed to purchase only residential or commercial property. NRIs cannot purchase any agricultural land or plantation property in any part of India.
Only an agriculturist can buy agricultural land in Maharashtra. you can buy the property in the name of your father, if he has any agricultural land in any part of India or belongs to an agricultural family.
Being NRI as per RBI norms your are not allowed to purchase agriculture land in India. You can purchase it on name of father though in case of Denise of father intestate without will all brothers and sisters can stake claim also father can alitnate property on his wish.
Yes my father already has agri land and he is retired from govt service. 1. How soon we can create the will? can it be done immediately after land purchase on my fathers name? What is the process? 2. Can we add my name as heir while buying agri land? 3. Will I be able to sell this land later? what are the diff possibilities? 4. Can we restrict on resaling property by father or stake claim by siblings in will?
Asked 6 years ago
1. The will can be created in a day and it takes a day for registration, so registered will after purchase can be made though father in his life can change the will.
2. No such name can be added.
3. After demise of father when you receive the property in will you can sell the property.
4. No father will be absolute owner and he can change the will or in his life he can transfer the property by sale or gift.
As your father's have already some agricultural land for executive directly purchase the land in his name and later let it be gifted to you the other option is that you can form a company which is engaged in agricultural activity and by the name of the company that you can purchase the land for agricultural activity and produce
1. IRRESPECTIVE of who financed the Land Purchase in the name of Father, "ALL" the residual Legal Heirs shall have EQUAL share in the Father's property, UNLESS father executes a registered WILL, in favor of sole /select persons, describing as to how his property shall be distributed, after his demise.
2. WILL, unregistered or registered, can still be challenged by the residual Legal Heirs of Father, irrespective of any futuristic criteria. IF Father is title-owner on record, THEN he CANNOT be restricted to sale /gift /will /mortgage /lease /transfer /whatever...., in any manner, whatsoever.
3. PRESENTLY, you can purchase Land in your sole name (by remaining abroad), by giving authority to do so to your father or anybody else, thru a registered Power of Attorney. This safe guards your financial interest.
CONSIDER THIS as well:
1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to ANYBODY, irrespective of relationships.
2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.
3. POA can be registered anywhere in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.
4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.
1. NRI can not but agricultural land in Maharashtra.
2. A non-agriculturist also can not buy agricultural land in Maharashtra.
3. However, gagricultural, land which is under a developmenmt authority can be bought by a non-agriculturist for establishing a project which can ne confiscated if the project does not start within 3 years from the date of buying the lanbd.
1) You can buy agricultural land on your father's name.
2) But you have to take care of your siblings, Only adding as nomination name it won't solve your purpose.
3) You have to things from all sides of the way, if tomorrow something goes wrong for e:g if your father's mind gets changed and he won't to distribute the property between your brother and sister only the whole property including which you are going to purchase.
4) So before purchasing the property and get registered on your father's name, very next day you can ask your father to sign release deed on your name or add joint owner including 99% share ratio in the property, as joint owner.
1. Your father can buy agricultural land if he is an agriculturist.
2. You can inherit it after his demise of bequeath it if he writes a will in your favour.
Dear client,
You should purchase land in the name of your father. Then get a will drafted by your father for you only. You father may also transfer by way of Transfer Deed.
Contact a local lawyer for drafting will
it should be attested by 2 witnesses
3) it can be executed immediately after purchase of land
4) land can be sold later
5) you can not impose restrictions on father selling property or claim by legal heirs
Contact a local lawyer for drafting will
it should be attested by 2 witnesses
3) it can be executed immediately after purchase of land
4) land can be sold later
5) you can not impose restrictions on father selling property or claim by legal heirs
If you are nri you can't buy agricultural land in your name, you can buy in your relatives. Yes it can be immediately after land purchase you can execute will. Only you can inherit it and later sell. Yes you can resteict and stake claim by siblings in said will
If your father has agricultural land then he can buy land in his name.
Rather than will I would suggest you go for a gift. Your father should gift lands previously owned and then you would also become eligible to buy land.
A will can be challenged and can be changed during the lifetime of the testator.
Regards
As a NRI you cannot buy agricultural land anywhere in India.
You can fund for the purchase of property to be bought by your father in Maharashtra.
In Maharashtra, only an agriculturist can purchase agricultural land and if a person holds such land anywhere else in India, he can still be deemed an agriculturist in Maharashtra. ... If your father is a farmer he can buy. He cannot directly buy farm land without meeting some other requirements.
As far as legal heirs are concerned, all his children are his legal heirs.
Will on the next day of his purchase of the property, however it can be enforced only after his lifetime.
What do you mean by adding your name as his heir while purchasing the property, there is no such thing known to law for adding someone as a heir to the property.
He can bequeath the proeprty to your name only by a Will.
You can sell the property only after inheriting the same after the lifetime of your father and not before that that too only if had bequeathed the property to your name by a registered Will and your other siblings do not create problem on this.
No you may not be able to do it since this property cannot be purchased on your name hence you do not have any rights on it.
Will on the next day of his purchase of the property, however it can be enforced only after his lifetime.
What do you mean by adding your name as his heir while purchasing the property, there is no such thing known to law for adding someone as a heir to the property.
He can bequeath the proeprty to your name only by a Will.
You can sell the property only after inheriting the same after the lifetime of your father and not before that that too only if had bequeathed the property to your name by a registered Will and your other siblings do not create problem on this.
No, you may not be able to do it since this property cannot be purchased on your name hence you do not have any rights on it.
Dear Client
You can buy the agriculture land in Maharashtra in your name as there is no bar for non agriculturist for buying.
But if you are planning to buy the property on your father's name you can go ahead with the purchase and thereafter your father can make gift deed in your name after some time of purchase for transferring the property to you.
Or he can write a specific will concerning that particular land that this land will transfer to your name after his death.
- As per the information mentioned in the present query, makes it clear that you being the NRI wish to buy agricultural land, but let me tell you that it has become little difficult as you will have to give undertaking and if not complied then may face prosecution by the DC. This is because of the reason of you coming later but buying now.
- Yes, it can be bought on your father’s name as he has been involved I farming.
- Then he should execute a gift deed rather than will and should put certain conditions.
- In this way, you would be getting land now itself and your father would also be able to put some conditions into it accordingly.