You cannot gift agricultural land to OCI
you can execute will bequeathing agricultural land to your sons
even if you die without will your children would inherit agricultural land
Gifting my agricultural land to my children who are OCi card holders.
My husband and I own agricultural wet land in Andra pradesh, which was inherited from my husband's father. I would like to gift the land to my sons now who are OCI card holders. The Internet has conflicting advice on whether this is possible, with many websites stating that my sons can only acquire this land on our death (my husband and I) and cannot be gifted the pieces of land. If it is possible, please can I be advised of the protocol required to complete this transaction, including what documents are required and who is required to be present at the time of transfer ie do my sons need to be present with me in India for this transfer to be completed or can my husband and I do this without their involvement? In addition, if my husband is too ill to travel, am I able to complete this transfer on his behalf? Furthermore, we own a few pieces of wet agricultural land, approximately 14; is there a restriction on how many can be gifted? Apologies for all the questions, looking forward to your reply. Much appreciated.
Asked 1 year ago in Property Law
Religion: Hindu
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6 Answers
The OCI or NRI or a foreign citizen cannot acquire agricultural land in India by any mode other than by inheritance as per personal law.
Hence you cannot transfer the agricultural land to your OCI children by any means.
There's no conflicting opinion on this.
Gift not permitted only inheritance.
1. OCI card holders are not legally competent to receive the gift of agricultural lands from anyone, including from the parents.
2. OCI card holders can inherit agricultural lands only after their parents' death.
- As per law, an NRI/OCI card hold can receive agricultural land as gifts only from close relatives, with the condition that the parents / donor must be an Indian resident.
- Hence, if you and your husband is resident of India, then only you can gift the agriculture land to your OCI card holder Son.
- Further, if you both are foreign resident then it cannot be possible to transfer the land by way of Gift deed.
Dear Client,
The Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 [APLRA] now permits gifting of agricultural wet land in Andhra Pradesh to your sons who are OCI card holders only to the extent of 10 acres per family. To execute the gift deed, other papers required by the Sub-Registrar apart from the application form, gift deed, title deeds and photo copies of any other identity proof as required, are as follows. It is not compulsory that your sons have to be present during the transaction, you and your husband can go and complete the transaction alone. In case your husband cannot travel due to the illness, he can give you a registered Power of Attorney. Therefore, it is advisable to consult an attorney who specializes in property laws in Andhra Pradesh to help in the legal procedures of completing the gift deed registration process.
I hope this advice is fruitful.
