The agricultural land cannot be transferred in favor of a NRI.
The NRI can inherit the agriculture landed property left behind by deceased father or mother, as a right.
Agriculture land
Can an NRI/OCI Sister transfer her Agriculture land to NRI/OCI Brother? Sister is married and has 2 children?
Asked 3 years ago in Property Law
Religion: Hindu
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17 Answers
To add more information to the above question 1 The agricultural land is ancestral 2 What will happen if the NRI/OCI sister is not married and does not have any children. Can the ancestral land transfer though inheritance to the Brothers equally? Can an unmarried sister write a WILL for and give the agriculture land to one brother and deprive others?
Asked 3 years ago
1. Even it may be ancestral, your sister cannot transfer her share to you being a NRI , you can inherit your rightful share when an event of inheritance occurs.
2. The inheritance can happen as per succession law.
3. The share of property inherited by a legal heir can bequeath the same to anyone of his or her choice and this transfer can take place only after the lifetime of the testator.
It can only be inherited as nri can't even buy agricultural land. You need special permission from rbi to do so.
Yes, NRI sister can transfer her share by relinquish deed as it's not sale deed transaction and got inherited property from ancestral.
If there is a transfer inter vivos (that is during lifetime of the sister) then RBI permission under FEMA act will be required
If the transfer to the brother is by inheritance or under a Will of the sister then no such permission would be required simply because inheriting a property is not in anybody's control. It just happens. Likewise nobody has any control what properties will come to them under a Will of the owner. The person cannot control the intentions of the owner who has made a Will in his favour.
There is no relation in my view of the sister being married or not or having children or not with the transfer of her agricultural land to her brother
If the sister dies without leaving a Will, then her property will go to her legal heirs. There are different classes of legal heirs of a Hindu female under section 15 of Hindu Succession Act. The legal heirs in class 1 exclude the legal heirs in subsequent classes and so on.
So if the sister is unmarried and has her brothers as her only legal heirs then her property will devolve on them equally
If she leaves a Will then her property will go to her legatee as named in the Will, subject to proof of her Will that it is her last and genuine Will
If the property is owned by the sister then she can deal with it in any manner she wants. She can make a Will for the same in favor of one brother or altogether a rank stranger. A Will is made to disturb the normal line of succession. So it does not matter that one brother is made a legatee and others are deprived.
Also you say that it is an ancestral land. There is a dearth of a difference between self owned or self acquired property and an ancestral property. So please give some clarification on that.
She cannot execute gift deed in favour of NRI
she can bequeath land by will to her brother
She can execute will bequeathing land to brother to exclusion of others
If sister is married than she needs noc from her husband and children for land transfer.
If she is not married than she can simply give her share to anyone she.
Dear Sir/Madam,
You are suggested that the ancestral land will go to brother equally by way of inheritance and the unmarried sister can very well write the WILL of her share only.
Even sister cannot hold agriculture land. If came in notice of indian authority, govt. Will take possesion.
If she has inheirted the land than no issue but she cannot transfer to another NRI.
She can execute Will in fovor of brother that after demise land will inheirte to brother.
Purchase, gift of agriculture land by NRI not permitted. Inheritence is permitted.
- As per law, an NRI or person of Indian origin (PIO), can inherit any immovable property in India, whether it is residential or commercial or an agriculture land.
- Further , if the said agriculture land was obtained by your sister NRI , in accordance with the provisions of law relating to foreign exchange, prevalent at the relevant time, then only she can inherit the said land.
- But ,if the said agriculture land was acquired by your NRI sister , without obtaining permission from the Reserve Bank of India, when the permission was required to be obtained, then this land cannot be inherited by the NRI or PIO, without specific permission of the RBI.
- Hence, an NRI or person of Indian origin (PIO), can inherit any immovable property in India, whether it is residential or commercial, but the RBI's permission is necessary,
Yes she can. It must be an ancestral property.
The ancestral property has to be divided amongst all the heirs and that means daughters and sons equally.
She can transfer her share to any of the heirs specifically or can sign a relinquishment deed ad then her aharw will be distributed amongst all the other heirs.
1. In some States, agricultural land can not be acquired by non-agriculrist.
2. Yes she can transfer her agricultural land by registering a gift deed to her brother if there is no restriction in the concerned State for a non agriculturist to acquire agricultural land.
1. If the said agricultural land is ancestral then the sister can register a relinquishment deed in favour of her brother.
2. Both married and unmarried sister can relinquish her share of the agricultural land to her brother. She can also execute a Will bequeathing her share of the said land in favour of one brother if she so wishes.
NRIs can receive property as gifts, from another NRI or from a PIO. However, the property can be only a commercial property or a residential property.
No she cannot transfer her land to OCI/NRI brother as it is not legal to transfer agricultural land to NRi In India whether it is owned by another NRi.
