• NRI agriculture land purchase on parent name

I am an nri I can't purchase agri land on my name can I do below things?

1. Can I give money as gift to my parents to purchase agri land?
2. How much money I can gift to my parents as per indian law
3. As I know my parents can't gift agri land to me can they do registered will to give land after them?
4. I have sibling is there any problem in future they will create? What is best solution to inherit?
5.So after coming back to India and stay for 1 year and my NRI status get cancelled can my parents gift me land?
5. After gifting can I again go out of India as NRI?
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

7 Answers

You should send money to your parents in India as their maintenance. They can then purchase the property in their name and then gift it to you. Or they may make a will and give it to you. This way you don't have to live in India.

You may also come back and live for a certain period ie around 183 days to be in the category of and Indian citizen and purchase land.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can give money as gift to parents to buy agricultural land 

 

2) parents can execute will bequeathing property to you 

 

3) better option is to buy non agricultural land 

 

4)There is no ceiling on the money an NRI can send to India. This money, however, needs to be earned through legit means. You also have to pay the required taxes on this money in the country it was earned. There is also an aspect of taxation to the money being sent to India.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

- 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 in Maharashtra, 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., But you can acquire this property only by way of inheritance.

1. Being an NRI , you can acquire this property only by way of inheritance

- Hence you can gift money to your father to purchase of the agri land. 

2. It should no be more than USD 1,000,000 per year.

3. Yes

4. Yes, they can create trouble , if father will write a WILL in your favor, hence it must be registered and properly mention that none of the family member having right to challenge the WILL 

5. Yes

6. Yes,

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

It is perfectly legal to send money to your parents in India or else you can gift the money to your parents and after receiving the same, the money belongs to them. Thereafter they can buy agricultural land with that amount and the source of the money being gift from NRI son will not be a legal problem for buying the said property.

 

There is no cap on how much you can send money from abroad to your parents in India. But rather it depends on the rules pertaining to taxation on gifts of a country where you are stationed.

 

As per notification No. FEMA21/2000 RBI dated May 3, 2000, NRI or PIO cannot acquire agricultural land or plantation (property or farm house) in India. Purchase of any property in violation of FEMA laws can result in fine or even confiscation of such property. But NRI/PIO, can inherit any immovable property in India, whether it is residential or commercial. They can even inherit agricultural land or a farmhouse, which they are otherwise not entitled to acquire by way of purchase.

Rajinder Kumar
Advocate, New Delhi
98 Answers
6 Consultations

Dear Client, 

An NRI is also not able to acquire agricultural land by way of gift. They can only acquire agricultural land by inheritance. If one has agricultural land already registered in your name, you need to pay Income tax on the income generated from that land.

Thank You

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1. Yes you can purchase it parents name and ask them to include that in a will un your name. 

Yes you can also cancel nri status and being resident you can do rhe needful

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Yes, you can but they can purchase it only on their names.

2.  You can transfer your surplus to your parents under a gift deed and make investments in their name. Basic tax exemption limit for senior citizens is ₹3 lakh, while super senior citizens aged 80 years and above get tax-free income of up to ₹5 lakh.

3. Yes, you can have inheritance rights after their lifetime.

4. The Will can be prepared in such a way that it clearly indicates that your siblings is not having any rights in the agricultural property bequeathed in your favor

5.Yes.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer