- Having brought the land as Indian citizen you can keep the land, sell it and your legal heirs are entitled to inherit it.
- There is no specific period mentioned for surrender of passport after acquisition of foreign citizenship in Passport Act. Section 12 mentions that it should surrenders without delay. Rule also states that, passport or travel document should be surrendered to the passport authority if he ceases to be eligible to hold one.
- There is no bar against acquisition of Indian citizenship after relinquishing it. You can very much acquire Indian citizenship subsequently.
Agriculture land inheritance in case of foreign citizenship
I am an Indian Citizen and holding agriculture land in my name which were bought during last 20 years of period. I am planning to take Foreign Citizenship (Turkey) therefore need your advise the status of my Agriculture land. 1- Am I allowed to keep this land and will be inheritance to my children Or do I need to sell this before getting the foreign citizenship. 2- Once, I get the foreign citizenship how much time do I have to surrender my Indian Passport Or if not surrendered with in the specified time period then what are the complication/penalties. Please clarify as per the Indian law to avoid future complication.
Asked 3 years ago in Property Law
Religion: Muslim
8 Answers
In future, if my self or my family members would like to take back Indian Citizenship, will this possible?
Asked 3 years ago
1. The agricultural landed property on your name was bought by you while you were an Indian citizen hence you can retain the same even if you have obtained a citizenship of a foreign country. Your children would be entitled to inheritance rights of the property.
2. Under Indian law, Persons of Indian Origin (PIOs), who have acquired foreign citizenship are required to surrender their Indian passports to the nearest Indian Mission/Post immediately after acquisition of foreign citizenship.
Indian citizens must apply for renunciation of Indian citizenship and surrender their Indian passport within 90 days of foreign country naturalization. Cancelled Indian passports must indicate “Cancelled due to acquiring foreign nationality” to qualify as valid proof of renunciation.
Once you acquire foreign citizenship you have to surrender your last held Indian passport to Indian Consulate for cancellation
Passport not surrendered up to three years and not used for travel after obtaining foreign passport. :: No penalty
Passport not surrendered up to three years and travelled once after obtaining foreign passport.:: No penalty for retention of passport but penalty of Rs. 10,000/- for travel on Indian passport.
Passport not surrendered up to three years and travelled more than once after obtaining foreign passport. :: No penalty for retention of passport but penalty of Rs. 10,000/- for each travel on Indian passport (aggregate penalty on travel not to exceed Rs. 50,000/-)
A grace period of three months is allowed from the date of acquisition of foreign citizenship, for the purpose of travel on an Indian Passport. Therefore, no penalty will be leviable for travel on an Indian passport within three months of acquisition of a foreign passport.
Yes you can do it. You have to declare intention of renunciation in Form XXII to the Indian Mission/Post where OCI registration was granted. After receipt of the declaration, the Indian Mission/Post shall issue an acknowledgement in Form XXII A. application form have to apply again in the new form
Indian Citizenship Act, 1955, does not allow dual citizenship. Holding Indian Passport / acquiring Indian Passport / travelling on Indian passport after acquisition of foreign citizenship constitutes an offence under the Indian Passport Act, 1967, and attracts penalties. Under the Indian law, Persons of Indian Origin who have acquired foreign Nationality are required to renunciate their Citizenship and get Indian passports cancelled at the nearest Indian Mission/Post within 3 months after acquisition of foreign citizenship and to obtain Renunciation Certificate. Delay in renunciation of Indian citizenship may attract penalties.
2) you can continue to hold agricultural land acquired when you were Indian citizen
3) person who had bought residential/commercial property/agricultural land/ plantation property/farm house in India when he was an Indian citizen, can continue to hold that property without the approval of the Reserve Bank after becoming an OCI card holder.
You can subsequently apply for Indian citizenship
Dear Client,
NRIs and Foreign Citizens of Indian Origin cannot acquire agricultural land, even by way of gift. However they can acquire agricultural land by way of inheritance and an agricultural property or land thus acquired can only be sold to a resident in India and not to an NRI.
Thank You.
1. You can sell it or keep it. It can be inherited once you become NRI.
2. You need to surrender it immediately as there is no dual citizenship recognised by indian government
Yes they can take it back
The agricultural land in your name can only be inherited to your children if they do not hold any other foreign citizenship. If this is not the case, it would be better to sell or gift such a land. Will is recommended because it smoothens the process for the heirs. If the owner of the property dies intestate (without a Will), the NRI legal heir will have to run around to obtain a succession certificate from a court. The legal procedures will not be easy for a person settled abroad.
Under Indian law, Persons of Indian Origin (PIOs), who have acquired foreign citizenship are required to surrender their Indian passports to the nearest Indian Mission/Post immediately after acquisition of foreign citizenship. However, a grace period of three months is allowed from the date of acquisition of foreign citizenship, for the purpose of travel on an Indian Passport. Therefore, no penalty will be leviable for travel on an Indian passport within three months of acquisition of a foreign passport.
Yes, it’s possible to take back the Indian Citizenship by naturalization procedure.
Kindly, contact for more details.
