Regarding Purchase of farmland What are the legality involved to purchase farmland by an NRI, returning permanently to India from USA (Stayed for 10 years in US). Only Indian Citizen, stayed in US with temporary work visa. Jobless in India. Looking forward to take up farming as full time job personally. Thank You
1. NRI can inherit agricultural land, but he cannot purchase agricultural land except with the prior permission of RBI.
2. RBI grants permission to NRIs to purchase agricultural land in only exceptional cases. If it is proved to the satisfaction of RBI that you intend to return to India permanently then you may be granted the permission.
1) NRI cannot purchase agricultural land in India even if he is Indian citizen
2) Further in many states only agriculturist can purchase agricultural land
3) In Karnataka
section 79 A prohibits purchase of agricultural land by any person or family who have annual income of more than Rs 25 lakhs from non agricultural sources
3) the amendment empowers deputy commissioners of districts, instead of assistant commissioners, to grant permission for non-agriculturists to purchase agricultural land under Section 80 of the Act.
Hello,
This question is specific to Farmland to be purchased in Karnataka. And What is the criteria to consider someone as NON - NRI ? Can purchasing in father name work well in that case ?
The NRI cannot purchase agricultural land or farm land in India.
That's the law of the land.
Since NRI is not allowed to buy farm land any where in India, there is no legal infirmity in your father buying the same on his name, provided he is an Indian citizen residing in India.
While earlier it was possible to be classified as non-resident
by staying out of the country for 183 days or about six months
a year, this has now been, in effect, enhanced to 245 days in a year
2) your father can purchase agricultural land in Karnataka
1. There is no such thing classified as "Farm Land" in Revenue records. You may purchase Agricultural Land, ONLY "IF" you or family are prior agriculturist with documentary evidence. This is irrespective of NRI status or whatever, but PROVIDED you are a Indian Citizen passport holder.
2. .For basic info on your requirement, Visit the following link:
https://www.lawyersclubindia.com/forum/Re-Can-Pvt-Ltd-Company-in-Maharashtra-buy-Agricultural-land-15364.asp
NRI is nothing but an Indian citizen. So the restrictions imposed on foreign citizens is not applicable to you.
To make farming business you need not own farm land. It would help if you can't own farmland in your state. However you can take information from registration on purchasing farm land as in many states there is prohibition for non farmers.
Once you are back and resumed resident status after staying 180 days in India, you can purchase farm land in karnataka if your annual income is less than 25 lacs.
Yes you can go ahead to purchase in the name of your father
NRai can't purchase farm land in India. You can try to purchase in name of any relative in india. In karnataka you need a income bar less than 25 lakhs pa to purchase the same
1. Once the resident status as NRI changes the person can purchase the farm.land as per the state rules as for agriculture land there are different set of rules for all states.
The land in name of father can be also purchased for karnataka there can be two ways to own agriculture land first being that you are agriculturist.
If you are not agriculturist then with permission of deputy commissioner you can purchase agriculture land if your family income is below 25 lakh .
Dear Sir,
There are certain restrictions on purchase of farmland by the NRI in the state of Karnataka, but as you are an Indian and coming for settlement in India, you may do so being an Indian citizen and also unemployed, you may opt for any profession including but not limited to farming and you may acquire the farm land as well.
Hello,
Thank you all. 1. My Mother-in-law's late father(deceased) was a farmer and currently there is no land but her husband's (my late father-in-law who is no more) ancestor property still exist. In this case, can she buy land on her name without DC approval ? 2. Also, I read the response on NRI status change after coming back to India permanently "Once you are back and resumed resident status after staying 180 days in India, you can purchase farm land in karnataka if your annual income is less than 25 lacs." Please reply if anyone has contradictions.
No. After marriage she dose not consider part of his family.
2. No doubt. Can cross check from other lawyers.
1. Yes
2. No, its ok, you can purchase as mentioned
Mother in law can buy agricultural land in her name as her father was a farmer
2)if you want to purchase agricultural land in your name better obtain DC approval
She will need DC approval.
Yes you can but you can't again retain it being NRI if you change your status
1. See can get mutation of that property as per her share and purchase the agriculture land without approval.
2. Yes you can purchase the agriculture land in this case.
Hello,
NRIs cannot purchase farmlNd in India. So, if an NRI wants to purchase a farmland or plantation, he will have to approach the RBI for a specific permission and the RBI will consider this on a case-to-case basis. Joint ownership An NRI can purchase the property, either as a single owner, or jointly, with any other NRI.
1. She can buy agricultural property even if she's not an agriculturist provided her income is less than Rs. 25 lakhs.
2. Yes you can.
1. The parameters to determine whether one is a NRI or not are uniform across the country.
2. A resident can attain NRI status by staying overseas for more than 182 days. The law also states that a person is a ‘resident’ if he has been in India for more than 60 days in the year in question and 365 days during the four years prior to that year. Till end of FY 2019-20, NRIs (covers Indian citizens and Persons of Indian Origin) included those individuals who visited India for less than 182 days in a financial year. In February 2020, the budget proposed to reduce this period to 120 days for all NRIs.
3. However, the reduced period of 120 days shall apply, only in cases where the total Indian income (i.e., income accruing in India) of such visiting individuals during the financial year is more than Rs 15 lakh. Accordingly, visiting NRIs whose total income (which is defined as taxable income) in India is up to Rs 15 lakh during the financial year will continue to remain NRIs if the stay does not exceed 181 days, as was the case earlier.
As you still are an Indian citizen you can purchase land in karnataka.
Yes you can purchase land in the name of your father.
By way of the 2015 amendment to the Act, “non-agriculturists”, or people whose families did not own any agricultural land in Karnataka before 1st April 1974, were allowed to acquire agricultural land provided their annual income did not exceed Rs 25 lakh per year. In addition, the power to transfer ownership of agricultural land was provided to the Deputy Commissioner (Revenue) of the district.
- As per FEMA21/2000 RBI rules , an NRI or PIO cannot acquire agricultural land /farm house/plantation property in India.
- If you will purchase an agriculture land in Maharashtra, then it will be a violation of FEMA laws , that can result in a penalty or even confutation of that property.
- Further, to purchase an agricultural property in India, an NRI has to take a prior approval from Reserve Bank of India, But you can acquire this property only by way of inheritance.
- Being an NRI , you are only allowed to purchase residential or commercial property in India.
- Yes, you can use money to purchase property in the name of your parent.
- Yes , she can purchase in her name , as she is having an agriculturist background.
- Yes , after loosing NRI status you can purchase an agriculture land , if you fulfilled the following:-
- As per rule in Karnataka for purchasing agricultural land:-
- You should approach to concerned district Deputy Commissioner ‘s office , for getting agriculture family certificate and to apply for permission to buy land.
- But the permission is granted with a condition that you will cultivate the land for 5 years from the date of purchasing the land.
1. NRIs cannot buy agricultural land in India you should wait for atleast 180 days before proceeding with purchase of land.
2. Your income should be less than 25 lakhs per annum from last three years.
