Hi, I am planning to become a USA citizen and planning to apply for an India OCI card. I have a question about the farming land. Can I inherit my parents farming land once I convert from Indian citizen to USA citizen? This land is coming from my old generations. Can I also inherit farming land from my father, which my father inherited from my Grandfather? This particular farming land was bought by my grandfather. Kindly share the official document to back your answers, the Indian official website which explains current laws about farming land referring to USA citizens' inheritance. I will be happy to give good feedback if you provide current official laws reference regarding this topic. Thanks
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NRI/OCI can inherit any immovable property (including agricultural land, farm house, plantation property) from Person resident in India or from Person resident outside India.
they may acquire such agricultural land through inheritance from a person residing in India. Accordingly, you may inherit an agricultural land.
Please don't copy paste from Google. Share the relevant reference document from Govt of india
Under the exchange control law, non-resident Indians or foreign passport holders are prohibited from acquiring agricultural land in India. However, as an exception, a non-resident Indian (a person resident outside India who is a citizen of India) or an Overseas Citizen of India (OCI) cardholder can acquire any immovable property in India (including agricultural land) by way of inheritance from a person resident in India.
iiOverseas Citizen of India (OCI) is a person resident outside India who is registered as an Overseas Citizen of India Cardholder under Section 7(A) of the Citizenship Act, 1955;
iiiRelative is as defined in section 2(77) of the Companies Act, 2013
ivSection 6(5) of FEMA states that a person resident outside India may hold, own, transfer or invest in any immovable property situated in India if such property was acquired, held or owned by such person when he was resident in India or inherited from a person who was resident in India.
NRI/OCI can inherit any immovable property (including agricultural land, farm house, plantation property) from Person resident in India or from Person resident outside India.
NRI or OCI can inherit agricultural land/ or plantation land in India . According to FEMA guidelines NRI can acquire agricultural land or plantation land only by inheritance
- 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 under section 6(4) of FEMA.
You can inherit but cant but the same
There is no bar against inheriting any property, let alone any farming land, by a USA citizen or OCI card holder, from his ancestor in India
There is a specific provision in this regard in the FEMA regulations uploaded on the RBI website which I do not have handy at the moment
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Will get back in a bit
Dear client,
Under the Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) Regulations, 2019, an NRI/OCI can inherit inherit any immovable property (including agricultural land or plantation property) from Person resident in India or from Person resident outside India.
You can refer to the NDI Regulations here: https://rbidocs.rbi.org.in/rdocs/notification/PDFs/FEMMPRND[deleted]B015079E44E1C87B1B624707265F2.PDF
You can refer to the first question on the Reserve Bank of India's website for easier access as well here: https://www.rbi.org.in/commonman/English/Scripts/FAQs.aspx?Id=1855#Q1
Thank you.
