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.
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?
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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.
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.
Yes, after partition of the agricultural land you will get share and remain on your name because it's ancestral property.
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?
With subdivision, I mean partitioning of the agricultural land. Can I own my share after subdivision / partitioning of the agricultural land?
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.
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
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.
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.
Hi, you have your share in the property because you have acquired the citizenship of another country your rights will not take away.
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.
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.
- 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.