• Can a USA Citizen of Indian origin having old PAN, Adhar and new OCI register site in India?

My father lent some money to a person before I moved to USA. Later I got citizenship of USA. And my father recently expired. And the person absconded for many days.
With a great effort, I could catch hold of that person and he is willing to register a house/land plot in my name.

The question is, am I allowed to register it on my name being a USA Citizen. I have the following documents with me.
1) PAN card ( old, issued when I was Indian citizen 10 years back)
2) Adhar Card (same as above)
3) OCI Card
4) Resident account of Indian bank (yet to be converted as NRI.
5) As I dont have any property or income in india, I stopped filing income tax after 2015.
Thanks
Madhu
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

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5 Answers

You cannot purchase agricultural land in India 

 

however there is no bar for NA land or residential property being purchased by you 

 

3) You can visit the TIN-NSDL website and fill out form 49AA. Individuals who have foreign nationalities, OCI holders and PIOs need to use this form to get a PAN Card

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

As per master circular issued  by RBI up dated till today a PIO can acquire by way of purchase any immovable property (other than agricultural land/ plantation property / farm house) in India. Discontinuation of ITR filing will not affect your right to acquire property. 

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

There is no restrictions for you to purchase immovable property in India except agricultural property.

You can grab the opportunity and without wasting any time, you can get the house property registered on your name in lieu of the money borrowed by the owner from your father.

The identity proof you possess would be sufficient however since the identity proofs state tht you are a NRI/OCI, the seller has to deduct Tax at source @ 22% out of the sale consideration amount

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Dear Client,

Yes, a foreign national who is a person resident in India can register immovable property in India after fulfilling any requirements if any, prescribed by authorities, such as the concerned State Government.

NRI should contain a valid passport with PIO/OCI card, address proof, PAN (permanent account number in India) and photographs to acquire a residential or commercial property in India.

 

Thank You.

 

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

An OCi can do the same if it's not an agricultural property

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

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