• Agricultural lands and other lands

Hello! I have some agriculture lands and residential lands in Guntur (Amaravathi), Andhra Pradesh. I am currently staying in Canada and have a Permanent Residency status. I am now eligible for applying for Canadian citizenship. My question is: If I become a Canadian citizen, and I have to give up Indian citizenship, I will still have rights on my lands? I heard that an NRI cannot buy agriculture lands, but what if I already have them?
Asked 1 year ago in Property Law
Religion: Hindu

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10 Answers

You can continue to hold the agricultural lands bought when you were an Indian citizen 

 

you cannot purchase any agricultural land nor gift any agricultural land but you can bequeath agricultural land to your family members by will 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

An Indian who owns agricultural lands prior to obtaining Canadian citizenship will still have rights over the agricultural lands which he owns subsequent to his obtaining Canadian citizenship. An NRI can't buy agricultural lands. 

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

The agricultural land that you already own will remain on your name forever till you transfer it to anyone irrespective of the fact that your citizenship has changed recently. 

You may not be able to purchase anymore after acquiring Canadian citizenship. 

T Kalaiselvan
Advocate, Vellore
90061 Answers
2499 Consultations

- As per law, the agriculture land which you have already purchased prior to getting Canadian citizenship will not affected , and it will continue in your name.

- However, after attaining the citizenship of Canada , you cannot purchase new agriculture land without approval of RBI. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Yes, even if you renounce your Indian citizenship to become a Canadian citizen, you will still have rights to your land in India.

 

 


  • Land Ownership: Renouncing Indian citizenship doesn't automatically strip you of your property rights. You can continue to own and possess land in India.

  • Restrictions: However, there might be restrictions on the type of land you can acquire or hold as a foreign national. Agricultural land, plantation property, and farmhouses usually have specific regulations.

  • OCI Card: Consider applying for an Overseas Citizen of India (OCI) card. This will grant you most of the rights of an Indian citizen, except for voting and holding public office, and can make property transactions smoother.

  • Taxation: You might be liable for taxes in both India and Canada on income derived from your Indian property. Consult a tax professional for guidance.

  • Inheritance: Inheritance laws for foreign nationals can be different, so it's advisable to consult a legal professional to understand the implications.

 

Romesh Pratap Singh
Advocate, Gwalior
23 Answers

Agriculture land will vest in govt than.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

If you owned agricultural property before the change of your residence and nationality status, your title and ownership would not be affected.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

Dear Client,

According to Indian laws, NRIs cannot purchase agricultural land in India, but since you already own the land, you retain your ownership rights. You can continue to own the agricultural and residential lands you currently have in Guntur (Amaravathi), Andhra Pradesh. However, any new acquisition of agricultural land would not be permitted.

Anik Miu
Advocate, Bangalore
11021 Answers
125 Consultations

You don't have any problem with the properties you owned the status of Indian citizen doesn't affect when you change citizenship.

Neeraj T Narendran
Advocate, Ernakulam
16 Answers

You will have rights in your earlier land but you will not be able to purchase agricultural land after change of citizenship 

Prashant Nayak
Advocate, Mumbai
34574 Answers
249 Consultations

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