A NRI cannot purchase agricultural land in India under RBI Rules in any manner.
Can I purchase agriculture land from SC/ST owner?
Hi, I am a NRI and non-agriculturalist belonging to OC (other caste). I am planning to purchase agriculture land (located at Telangana) at market price from a person who belongs to scheduled caste. This person got his land from his father via inheritance (anuvamshikam in Telugu). His father got the land by purchase from other vendor/person via executing sale deed. Legally is it permittable to other caste citizens (OC and NRI in this case) to purchase the land? If so what additional precautions or documents do I need? After my purchase will I get clear and marketable title? or will I have problem selling it in the future? Will I have to face any potential problems in the future? Please advise. Key Points 1) Seller - SC, got the land from his father via inheritance 2) Father - purchased land from other party via sale deed 3) Location - Telangana 4) Buyer - NRI (Indian citizen abroad), belongs to OC (other caste) Thank You, sincerely.
Asked 2 years ago in Property Law
Religion: Hindu
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11 Answers
You cannot purchase agricultural land in India as you are NRI
you need prior permission from RBI which is rarely granted
Dear Sir/ Ma'am,
NRIs are not permitted to purchase any agricultural land in India except with the prior permission of the Reserve Bank of India (RBI). All requests for acquisition of agricultural land/plantation property/ farmhouse by any person resident outside India or foreign nationals may be made to The Chief General Manager, Reserve Bank of India, Central Office, Exchange Control Department, Foreign Investment Division (III), Mumbai 400 001.
Thank You.
Aa per the above details no issue. Just check if the land belongs under some SC scheme not to be sold or only sold to SC.
Hi I am an NRI (non resident indian) , I am still Indian citizen, I hold Indian passport, it's just that I stay abroad. I am not sure since when NRI cannot purchase agriculture land, it's quite surprising to see the above answers, pls share with me pointers that mentions Indians living abroad (NRI) cannot purchase agriculture land? I knew that OCI/PIO cannot do purchase. Thanks.. And kindly answer my actual question and my actual question is if non SC/ST persons purchase agrictulre land belonging to SC/ST person.?
Asked 2 years ago
NRI can only purchase with special permission of RBI. And SC land can only be sold and purchased by SC for some years for or for life depending on the scheme of the land
Basically being a NRI you are not eligible to purchase agricultural land in India.
Secondly the property is reported to have been inherited by the seller from his father and the father of the seller is reported to have purchased this property, it is not known that if the seller had acquired this land from government allotment under any schemes for the welfare of the SC and ST community, hence the eligibility to buy this landed property by a person belonging to other community is under cloud.
Besides the facts what you have stated are insufficient becasue they lack more details in this regard.
For more details the property related documents are to be scrutinised to render a proper opinion, hence it is advisable that you obtain a proper legal opinion from an experienced lawyer in the local by producing the copies of the relevant papers and proceed only if recommended.
Please be aware the NRI cannot purchase agricultural land in India.
NRIs can buy both residential and commercial property in India but not agricultural land, farm houses, or plantation properties. However, if an NRI is willing to purchase agricultural land in India, it requires permission from the Reserve Bank of India for doing so.
the property is reported to have been inherited by the seller from his father and the father of the seller is reported to have purchased this property, it is not known that if the seller had acquired this land from government allotment under any schemes for the welfare of the SC and ST community, hence the eligibility to buy this landed property by a person belonging to other community is under cloud.
For more details the property related documents are to be scrutinised to render a proper opinion, hence it is advisable that you obtain a proper legal opinion from an experienced lawyer in the local by producing the copies of the relevant papers and proceed only if recommended.
According to Foreign Exchange Management Act and the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2018, both NRIs and OCIs aren't allowed to buy any agricultural land or plantation property or farmhouses in India by law unless they get a special permission from the RBI
2) non SC / ST person can purchase agricultural land belonging to SC/ST as it is self acquired inherited property and not granted by govt
Dear Client,
In the case of agricultural land, a person of SC category cannot sell land to non SC/ST person.
Thank you
A general category person cannot buy a land belonging to SC / ST category person through direct purchase.
He would have to take necessary permission from the relevant authority for buying such lands.
- 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 , 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,
- Being an NRI , you are only allowed to purchase residential or commercial property in India.
- Further, as per law, a scheduled tribe land holder can only sell his land to schedule tribe person. if any person buy a land from a scheduled tribe by hiding facts, he can go behind the bar , and government will return back the land to original land owner at anytime if he approaches authority.
- Further for selling the plot to non tribe person , permission is required from the office of the DM /Collector .
