• Can OCI Cardholder get their share of agricultural land when it is subdivided?

I own agricultural land jointly with my two brothers in Uttar Pradesh and the three of us were Indian citizens and residents. Subsequently, I became a foreign national (Canadian citizen) and an OCI Cardholder for India and my two brothers remained Indian citizens and residents. Can I continue to own my one-third share in the agricultural land? When this agricultural land is subdivided in future, can I own the subdivided one-third portion of this agricultural land?
Asked 3 years ago in Property Law
Religion: Hindu

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15 Answers

This agricultural land was acquired by you when you were an Indian citizen. 

Hence you can continue to own your share in the agricultural even after partition among the joint owners/shareholders despite the fact that you are a foreign citizen now. 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Even though you are a Citizen of Canada and an OCI Card Holder now, you can own 1/3 portion of the agricultural land when it will be subdivided , since you had bought this land when you were an Indian Citizen.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Yes, after partition of the agricultural land you will get share and remain on your name because it's ancestral property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

It can only be inherited by him

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

If you had owned an agricultural land jointly with your brothers as a resident citizen of India, you would continue to enjoy the title and ownership of your undivided share even after becoming a foreign national. Does subdivision mean partitioning of the property?

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

As the proposed partition will be of an inherited share of yours from your father, your title and ownership shall remain legally even after the subdivision.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

You can continue to own one third share of land 

 

in event of sub division you can continue to own sub divided portion of land 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

 

You can continue to own sub divided portion of land 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

As the purchase of property was made while you were a resident Indian the ownership of your share in the property will continue in the same status even after partition of the property subsequently. 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

After becoming a Canadian citizen, you will not be allowed to buy agricultural land in India. However, since you had bought the agricultural land when you were still an Indian Citizen, you can own your share in the same agricultural land after partitioning with your brothers.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Hi, you have your share in the property because you have acquired the citizenship of another country your rights will not take away.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

As declared by Master Circular No. 4/2013-14 an oci/nri is entitled to acquire any immovable property  including agricultural  land by way of inheritance which includes through partition, subdivision, gift, subdivision, relinquishment etc. The  prohibition is only on acquisition of such property by purchase.

Ravi Shinde
Advocate, Hyderabad
5130 Answers
42 Consultations

Dear client, OCI card holders can purchase residential and commercial properties in India. But they are not permitted to purchase agricultural land, including farmland or any kind of plantation property. Moreover, Under the exchange control law, non-resident Indians or foreign passport holders are prohibited to acquire agricultural land in India. However, as an exception, a non-resident Indian or an OCI cardholder can acquire any immovable property in India (including agricultural land) by way of inheritance from a person resident in India or from a person resident outside India who had acquired the property in accordance with the provisions of the exchange control law in force at the time of acquisition.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

You can but if you want to sell it can only after you inherit it

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

- As per law, an NRIs are not allowed to acquire agricultural land in India.

- However, an NRO who is a citizen of India or an overseas citizenship of India cardholder can inherit agricultural land or any immovable property in India from a person resident in India. 

- Since, you have purchased that land when you was a resident of India , then you can continue with that land share , but you can sell that agriculture land to an Indian resident only. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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