• Dual nationality

Can a person having dual nationality buy agricultural land. The person at present have OCI but is arranging Indian Nationality.
Asked 1 year ago in Civil Law

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11 Answers

You can't buy agricultural land permanently. Only by RBI's permission can buy agricultural land or Farm houses. 

 

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Agricultural land can be purchased only by resident Indian and not a NRI/OCI or a foreign citizen.

Only Indian citizens who are permanent residents in India are allowed to purchase agricultural land, plantation property or farmhouses.

An OCI or NRI or foreign citizen  has rights to inherit the agricultural landed property in the same status but he or she cannot purchase the agricultural property in India. 

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You cannot purchase agricultural land in India 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

A person of dual nationality/NRI/OCI/PIO cannot purchase agricultural land in India as declared in Master Circular no. 4/2013-14. 

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

- 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 India then it will be a violation of FEMA laws , that can result in a penalty or even confutation of that property.

- Futher, 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.

- Being an NRI , you are only allowed to purchase residential or commercial property in India.

- However, ou can use money to purchase property in the name of your parent. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

1. So far my knowledge goes, India does not allow dual nationality.

 

2. While getting the nationality of another Country, you shall have to surrender Indian passport and obtain the passport of the new Country.

 

3. You can not buy any property in India in your name if you are a citizen of another Country without the approval of the RBI, which it allows in very special cases.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Dear client,  NRIs and Foreign Citizens of Indian Origin cannot acquire agricultural land, even by way of gift. However they can acquire agricultural land by way of inheritance and an agricultural property or land thus acquired can only be sold to a resident in India and not to an NRI.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Agricultural land cannot be purchased by a person who is not a citizen of India. He may inherit it though.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

As per Rule 24 of the Foreign Exchange management (Non-debt Instrument) Rules, 2019, an NRI or OCI may acquire immovable property in India, except for agricultural land, farm house or plantation holding.

Feel free to get in touch for any further legal assistance. 

Regards,

Siddharth Jain

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

In India, having two nationalities is prohibited. Dual nationals, NRIs, OCIs, and PIOs are not permitted to buy agricultural land in India.

A person of Indian origin resident outside India does not require permission to acquire any immovable property other than agricultural land/farm house/plantation property in India by purchase or from out of funds: received in India by way of inward remittance through a banking channel from anywhere outside India, or held in any non-resident account maintained in accordance with the provisions of the Act and the regulations made by the Reserve Bank under the Act.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

Only person with Indian nationalilty can buy it 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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