• Can Dual citizen can have gifted land and property

Hi,

I'm dual citizen of Australia, I have some Questions on Agricultural land other properties.

 My father have 10 Acres of land and we are 2 brothers, my brother lives in India and i live in Australia, 
I want to confirm if i get equal rights in my fathers property as i am dual citizen of India and Australia

Kind Regards
Asked 7 months ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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11 Answers

On father demise intestate your mother ,  you and your brother would hav e equal share in his property 

 

it is immaterial if you are foreign citizen 

Ajay Sethi
Advocate, Mumbai
84049 Answers
5477 Consultations

5.0 on 5.0

1. Even though you are not allowed to buy agricultural property in India, you can inherit such properties.

2. Moreover since you have dual citizenship, there will not be any problem for getting equal rights in your father's property.

Shashidhar S. Sastry
Advocate, Bangalore
3770 Answers
225 Consultations

5.0 on 5.0

There is no bar to you inheriting agricultural land on your father demise 

Ajay Sethi
Advocate, Mumbai
84049 Answers
5477 Consultations

5.0 on 5.0

Even though you can't buy agricultural land in India but definitely you can inherit Agricultural property. However, you are free to buy/ acquire Residential and/or Commercial properties in India.

Shashidhar S. Sastry
Advocate, Bangalore
3770 Answers
225 Consultations

5.0 on 5.0

If that property is on the name of your father alone giving him clear and marketable title then it becomes his own and absolute property.

In that case, neither you nor your siblings or anyone do not have any rights in the property during the lifetime of your father. 

May be, after your father's lifetime you can claim a rightful share in the property provided your father is reported to have not made any Will during his lifetime transferring this property on anyone else's name.

 

T Kalaiselvan
Advocate, Vellore
74146 Answers
1202 Consultations

5.0 on 5.0

An OCI or NRI or foreign citizen  has rights to inherit the agricultural landed property in the same status but he or she cannot purchase the agricultural property in India. 

T Kalaiselvan
Advocate, Vellore
74146 Answers
1202 Consultations

5.0 on 5.0

Dear sir/ma'am,

 

You cannot purchase agricultural land according to the FEMA regulations passed in 2018.Also, agricultural land cannot be transferred to you by way of gift.

But as far as inheritance is concerned, you can rightfully inherit a land that is agricultural in nature.. This implies that if your father has mentioned you in his will or if the property is ancestral, then either way you can inherit the land. Thank you.

Anik Miu
Advocate, Bangalore
2493 Answers
26 Consultations

4.9 on 5.0

- As per FEMA21/2000 RBI rules , an NRI or PIO cannot acquire agricultural land /farm house/plantation property in India.

- However, you can acquire this property only by way of inheritance.

- Hence, after the demise of your father , you have also equal right over the properties .

Mohammed Shahzad
Advocate, Delhi
7971 Answers
85 Consultations

5.0 on 5.0

There is no bar against inheriting property from your parent who is in India

The condition in the OCI card is against purchase of an agricultural land and owning it. 

How can any authority stop an inheritance of an agricultural land which is certainly not in your control

The inheritance is by automatic operation of law 

It's not that you are buying the agricultural land 

Yusuf Rampurawala
Advocate, Mumbai
6432 Answers
54 Consultations

5.0 on 5.0

There is no restriction on nri inheriting ancestral property. The ban is applicable only on purchase of land by nri. The same applies to oci. You are overseas but still a citizen of India.

Ravi Shinde
Advocate, Hyderabad
1431 Answers
16 Consultations

5.0 on 5.0

Dear Querist, in relation to your question my advice to you is as follows:-

1. Change in citizenship doesn't change succession laws which are applicable on indians.

2. You can still hold your agricultural lands.

3. Being an OCI card holder, you can't buy new agricultural lands in india, but you can hold these agricultural land being ancestral land.

Feel free to call, if needed.

Puvali Singh
Advocate, Delhi
33 Answers

5.0 on 5.0

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