• Can Overseas Indian citizen inherit property from father

Can Overseas Indian citizen, born in India but natuarilzed to USA, inherit property from late father in India, what is the process to register the property in the son's name
Asked 2 years ago in Property Law
Religion: Hindu

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11 Answers

You can inherit agricultural land on your father demise even if you are OCI 

 

apply for mutation of property in your name 

 

enclose father death certificate,legal heir certificate if sought by authorities 

 

affidavit in support 

Ajay Sethi
Advocate, Mumbai
99805 Answers
8147 Consultations

 

You can inherit agricultural land 

Ajay Sethi
Advocate, Mumbai
99805 Answers
8147 Consultations

Not agriculture land.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

1. A OCI Card Holder can inherit Agricultural property in India, eventhough he can't buy agricultural property in India.

2.  The process to register the property in Son's name is to Submit an application with your father's death certificate and family tree/ legal heirship certificate, along with the requisite fee.

 

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

According to the Foreign Exchange Management Act, 1999, an Overseas Indian citizen, who is a person of Indian origin (PIO) or an Overseas Citizen of India (OCI), can inherit any immovable property in India from anyone, including their relatives. The property can be residential, commercial, agricultural or a farmhouse. The NRI can inherit property in India even from another NRI, subject to certain conditions.

The process to register the property in the son’s name after inheriting it from the father may vary depending on the state and the type of property. However, some general steps are as follows:

  • Obtain a legal heir certificate from the local authority or the court. This certificate establishes the relationship between the deceased and the legal heirs. It may require documents such as death certificate of the father, birth certificate of the son, identity proofs of the legal heirs, etc.
  • Obtain a succession certificate from the court. This certificate grants the right to inherit the property to the legal heirs. It may require documents such as legal heir certificate, copy of the will (if any), affidavit by the legal heirs, etc.
  • Transfer the title of the property in the son’s name by executing a relinquishment deed or a family settlement deed. These deeds are used to transfer the rights and interests of other legal heirs in favor of one heir. They have to be signed by all the legal heirs and attested by two witnesses. They also have to be stamped and registered with the sub-registrar of the area where the property is located.
  • Pay the applicable stamp duty and registration fees for the transfer of property. The stamp duty and registration fees may vary depending on the state and the value of the property. They have to be paid online or offline before registering the deed.
  • Update the revenue records of the property with the local authority or the revenue department. This is done to reflect the change in ownership and tax liability of the property. It may require documents such as copy of the registered deed, mutation application, identity proof of the son, etc.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

- Yes, an overseas indian citizen can inherit property from his father legally , even an agriculture land. 

- You can apply for mutation of that land in your name after submitting the death certificate of father and the copy of the ownership in the name of your deceased father. 

Mohammed Shahzad
Advocate, Delhi
15816 Answers
242 Consultations

The foreign citizen can very well inherit the properties left behind by his father or parents as one of the legal heirs.

He or she can apply for legal heirship certificate, collect the original title document, along with the copy of the death certificate and submit an application to the revenue department to transfer the revenue records to your name which will be sufficient to prove your title to the property.

 

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

Yes a foreign citizen can inherit the agricultural land also from his father or parents as his legitimate share in terms of one of the legal heirs/successors in interest.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

Vide  Master Circular on Acquisition and Transfer of Immovable Property in India by NRIs/PIOs/Foreign Nationals of Non-Indian Origin RBI/2015-16/79
Master Circular No. 4/2015-16. Under B (ii) (b) A PIO may acquire any immovable property in India by way of inheritance from a person resident in India or a person resident outside India who had acquired such property in accordance with the provisions of the foreign exchange law in force or FEMA regulations, at the time of acquisition of the property. There is no bar on acquisition of agricultural property by inheritance, the bar is only against purchase of such property by PIO/NIR/OCI. 

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.

Shivam Bansal
Advocate, New Delhi
131 Answers

Yes, being a son you can. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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