• Transfer ownership

Im 46 years old, a singapore citizen. Im  holding OCI card and PAN card in India. As a foreiner I am not eligible to apply for Aadhar card. 

My father is 80 years old, own some agricultural land in tamilnadu state. Some land registered under his name, some land registered under his brother's name.
Now my father wants to transfer all land ownership to me. 

I need some legal advice to find out what is the best option to transfer the land ownership from my father and uncle to me. 

What are procedures for the land transfer in my case and what are the documents required?
Asked 2 years ago in Property Law
Religion: Hindu

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10 Answers

Your father ,uncle cannot execute gift deed in your favour for agricultural land as you are OCI 

 

however there is no bar for you inheriting the land in father ,uncle demise 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

- A foreign national who is a 'person resident in India' within the meaning of Section 2(v) of FEMA,  can purchase immovable property in India, but the person concerned would have to obtain the approvals and fulfill the requirements, if any, prescribed by other authorities, such as, the State Government concerned,

- Further, a non-resident Indian (NRI) or person of Indian origin (PIO), can inherit any immovable property in India, whether it is residential or commercial.

- However, RBI's permission is necessary, if the inheritance results in favor of a citizen of a foreign state, who is a resident outside India

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

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

All property documents as well as your IDs and get a good legal representative for yourself and send all the documents to him. 
All include mutation, demarcation, sale deed, land use certificate etc

Khyati Malik
Advocate, Bhopal
91 Answers
2 Consultations

Not rated

Hi, If your father want to transfer the property then he can execute the Gift Deed to you. In case of your uncle need to transfer the property then your uncle can execute Sale Deed.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Please be aware that the agricultural land cannot be transferred to a NRI/OCI or to a foreign citizen.

Neither the above people can purchase the agricultural property in India.

You can inherit the agricultural  property after the lifetime of your father  through a Will or by intestate succession and the proeprty belonging to his brother can be acquired only after his lifetime provided he had bequeathed the same through a registered or an unregistered Will.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Ancestral immovable property including agreement can be inherited by OCI. All legal heirs needs to execute a registered family settlement allotting agreed share to each legal heir. OCI need not visit India,. The procedure is, draft a special power of attorney on Indian stamp paper of 100 rupees which  is available in all countries  or even on white paper giving SPA to any of your relatives/friend to sell the property.  Go to Indian consulate/high commissioner and get SPA attested which  the consulate official will readily do. Send the SPA to the person named, he will take the SPA to the District Registrar who will validate it by putting his seal and signature. Fee for validation of SPA is 1 % if it is given to blood relation if given to other person it is 2% of government valuation of the property. With the validated SPA your attorney can sign the settlement deed before Sub-Registrar on your behalf. No capital gain tax/GST is incurred in transfer of ancestral property.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Gift deed or settlement deed is the best option. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Dear Client,

                  The fundamental rights mentioned in Articles 15, 16, 19, 29, and 30 are available only to Indian citizens and not to foreign nationals. The feature of fundamental rights was borrowed from the constitution of the USA.Repatriation of sale proceeds of residential property purchased by NRI/ PIO out of foreign exchange is restricted to not more than two such properties. Capital gains, if any, may be credited to the NRO account from where the NRI/PIO may repatriate an amount up to USD one million, per financial year.Foreign nationals of non-Indian origin resident outside India can acquire/ transfer immovable property in India, on lease not exceeding five years and can acquire immovable property in India by way of inheritance from a resident.Foreign nationals of non-Indian origin resident outside India are not permitted to acquire any immovable property in India unless such property is acquired by way of inheritance from a person who was resident in India.The most common way of property transfer is through a sale deed. A person sells a property to another person, and then a sale deed is executed between the two parties. Once the sale deed is enlisted in sub-registrar office, the ownership gets transferred to the new owner.

Thanks & Regards

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Since, what you need a secure property transfer in your name and  you are an OCI. The best prossible ways for a seamless transfer is advised as-:

 

1. Registered or unregistered will in your name by your father and uncle and they hold the life estate ownership and after their death, the property to be transferred in your name. 

 

2. Through the Gift deed in your favour since you will be in the blood relation, you have to pay less stamp duty of the gift of estate by your father and equivalent duty on the gift by your uncle. 

 

There are other options as well, but these are certain advisable best options. 

 

In case you require my assistance in the matter, i can be contacted through my google profile.

Link for the same is attached for your reference as: https://g.co/kgs/ZMWUyY

Your kind review will be appreciated.

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

Refer the recent RBI circular that transfer to PIO can be made except agricultural holdings. However it also states that PIO can acquire any immovable property through inheritance. It has to be proved that you are the legal heir to them Write to RBI and get clarified.

G.RAJAGANAPATHY 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

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