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  • To buy plot and construct house in India (from UK) for parents

About Myself:
I live in UK with my wife and children from last 15 years. I am UK citizen and holding OCI card of India. I am planning to buy a plot and construct a house in India.

Purpose:
The main purpose, to buy property in India, is to support parents (currently they're living on rent) and indirectly its investment as well. 

Just to note that I have a brother and a sister. Sister is very close but brother ..that's another story.

Options:
I have the option to buy it either on my name or my mother's name. My question is that financially (from tax point of view: Income tax, Capital gain tax, etc) which option is better for me?

Please note that I already own two properties in UK. Also I have NRE and NRO accounts in India.
Asked 3 years ago in Property Law
Religion: Sikh

3 answers received in 10 minutes.

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11 Answers

You should buy property only in your name 

 

2) the reason being if you buy it in mother name on her demise intestate your siblings can claim equal share in property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You should buy it in your name. You are not taxed if you buy a property. Capital gains tax is applicable when you sell it. Therefore if you buy the land and construct a house it would not be taxable.

Income tax is only applicable if you derive any income from it.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It is always advisable that you purchase the house property on your name (if possible you can include your spouse as a joint owner) and can make your parents to stay  and reside in that house property till their lifetime or until they would like to reside there.

In such a situation nobody can claim any rights over this property for any reason in future including your brother who appears not to be in good relationship with you.

There is no restrictions for a foreign citizen having OCI card  to purchase a residential property

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can buy the same as aforesaid

The applicable taxes will need to be paid

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

As an NRI, you are entitled to buy a residential property in India in your own name. If it is meant for your parents' living there, the question of rental income does not arise. You may execute a special PoA in your sister's name to purchase the property in India. 

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Dear Client,

As per the facts which have been provided, you should buy the property in your name.

Thank You.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Yes she can make will and you can inherit the same from it

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Mother can execute registered will bequeathing property to you 

 

mention reasons why she is not giving share to your siblings 

 

on sale of property it would attract capital gains tax 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The idea of transferring the property subsequently in your favor by a testamentary disposition i.e., by a Will is alright but the hidden danger in it is that you have to obtain No objection certificate from other legal heirs at the time of enforcing the Will i.e., at the time of acquisition of the property.

If the other legal heirs are objecting or demanding any share in the property then you may have to drag them to court of law seeking justice which will stretch to few years in the form of litigation.

Besides there is another danger that the Testator i.e., your mother who will be writing the Will bequeathing the property may change the Will or cancel it any time before her lifetime which  may bot even come to your knowledge.

Therefore you can think about all these aspects before hurrying to invest into this property.

You can think about all aspects before taking a decision in haste. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- As per law, even being OCI , you can purchase residential or commercial property in India without taking permission from RBI. 

- If you will purchase in the name of your parents , then there may be trouble for claiming the property , and hence you should purchase in your name . 

- Further , if you will purchase the property in your parents name , then they can gift you for saving the tax implication , however registration after paying the stamp duty is mandatory . 

- Further, if your parents will write a WILL , then it will execute only after his demise , and then other legal heirs may create trouble for you. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

As per the facts which have been provided, mother can execute a will and you can inherit the property.

Thank You.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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