Agricultural land cannot be gifted to NRI
you can inherit agricultural land on your father demise
Agricultural land transfer to son's name from father
Hi, My dad wants to transfer the patta/title of agricultural land from his name to my name - basically make me the sole owner (currently it's in his name). This agricultural land was inherited from my ancestors and my dad & me are the only heirs. This is normally a straightforward process I believe. But my doubt is whether the same can be done easily to an NRI as I am an NRI. Currently I am in Indian Citizen with NRI status. Also would there be any problem if I acquire foreign citizenship in the future while owning agricultural land in india? Thanks.
Asked 4 years ago in Property Law
Religion: Hindu
10 Answers
It can't be directly transferred to NRI. It can only be inherited to NRI
Thanks. Instead of transfer or gift, can my dad write a Will for the agricultural land to me? While I am the sole inheritor the agricultural land and it'll naturally become in my possession after my dad, my dad just wants 'attach' my name to the property in some way while he's alive, so that no forgery is possible later. Basically, future safeguarding the primary concern for my question.
Asked 4 years ago
Father can bequeath agricultural land to you by will
Hi, your father can execute the Gift deed in respect of the properties owner by him and transfer the same in favor of you. The status of the NRI will not affect you case.
Basically a NRI cannot acquire agricultural property in India either by purchase or by gift transfer etc., though he can inherit the same from a resident .
The proposed transfer is not inheritance hence you are not eligible to acquire agricultural property from your father even by a settlement or gift deed being a NRI.
Since it is against the law, if any such transfer takes place it may be termed as an offence due to which not only the transfer may be held invalid but also the authorities may initiate action through criminal law for acquiring the property by fraudulent means.
Hence you may better do not risk your overseas career in this regard by indulging in such anti law activities.
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The transfer of agricultural property to a NRI by any means, i.e., sale or gift or Will is not permissible in law and it would be invalid.
You can inherit the property after your father's lifetime provided he left abode intestate i.e., without making any arrangement to the properties he left behind.
Your father's intention may be to safeguard the property but unfortunately the Indian laws do not support his intention for the reasons cited therein.
If you think that you are the sole legal heir then you may have to wait time to ripe to inherit the property.
- As per law, an ancestral property cannot transferred by way of WILL etc. and without getting the consent of all the legal heirs.
- Since , you are only the legal heir and hence after the demise of mother , this land can be transferred in your name and the said Patta can be named after you.
- Further , 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.
- Hence, your father can transfer the patta/title of the agriculture land in your name even by way of WILL as well.
Yes it can be given through will
1. Since an NRI is not permitted to hold agricultural land in India, let your father execute a WILL bequeathing the property to you after his death.
2. NRI can inherit agricultural property in India.
Dear Client,
An NRI can inherit his ancestral agricultural land without any issues. Moreover, if you have any doubts you can execute a gift deed or mutate the property into residential land.
Thank you
