My daughter is working in USA on L1 visa and logically was(is) a NRI. As such I understand that she can't buy agriculture land in India. However she came to India in February 2020 and is held up here because of COVID lockdown since then. She is doing work from home but getting salary in her USA bank account in dollars. Now she completed more than 7 months of stay in India in the calendar year. Can she buy agricultural land now in India as her stay here is more than 6 months?
The land laws differ in every state and there is no unanimity on the subject all over India.
In many states even non farmers can buy agricultural land.
Therefore contact land reforms department of your state to know for certain whether she is eligible for this or not.
She can buy but must be farmer on record of revenue department engaged in farming then only she can buy the property agricultural land otherwise legally she would not be able to buy theland.
- As per FEMA21/2000 RBI rules , an NRI or PIO cannot acquire agricultural land /farm house/plantation property in India.
- If she will purchase an agriculture land in India , 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,
- Hence, being an NRI , she is only allowed to purchase residential or commercial property in India.
- But, she can use money to purchase property in the name of her parent.
- Since, she is staying in India , then also her NRI status not finished legally, and the above said rule will apply with her.
If she has stayed in India for more than 6 months in a financial year she would be regarded as resident of India
she can purchase agricultural land in India
Dear Client,
Definitely, now sh can purchase Agriculture land here in India.
If her residential status is no more NRI then she can, with the documentary evidences to prove resident Indian, can buy the agricultural property.
NRI considered a resident if they spent 182 days or more in the previous year in the country. She will attain resident status next year and not in this year.
She can't but nei land she can only inherit the same
Yes she can buy.
No she cannot buy agricultural land in India because she is still receiving salary from her US employer in dollars.
An Indian citizen can buy agricultural land in India.she is still an Indian citizen. Moreover she has remained more than the specified number of days above which income tax is payable. Therefore she can buy farmland subject to restrictions imposed upon by states ie only farmers can buy land.
As per the provisions of section 5(1) (g) of the Citizenship Act, 1955, a person who is registered as an OCI for 5 years and is residing in India for 1 year out of the above 5 years, is eligible to apply for Indian Citizenship.
Dear Sir/Madam,
You are suggested that though your daughter is staying in India for more than 06 months, but still she is an NRI and thus she can't purchase the agricultural land as per law.
