• How to transfer agricultural property rights to my son?

Hello , me ( NRI, Indian citizen) and my wife (US citizen) have agricultural land in india ( title xfd from my mother). We would like to xfr the property to our son (US born) name. Can we xfr the title and register to their names without their presence in india? We both parents planning to visit india in Nov and do this xfr of title and register the property. I checked with registrar office as long as we have family tree it shouldn't be a problem. But is it necessary for them to presence during the xfr of the title and registering?
Tks
Asked 6 months ago in Property Law from United States
Religion: Hindu
Hi, your sons presence is very much necessary and if he is major then he has to execute GPA in your favour.

2. After obtaining GPA from your son  your wife has to execute gift deed in his name and you being GPA holder you can accept the gift  on behalf of your son.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
149 Consultations
4.3 on 5.0
1) your son can execute POA in favour of family member for said purpose


2) POA should be attested before indian consulate 

3) son presence would not be required if he has executed POA 
Ajay Sethi
Advocate, Mumbai
26095 Answers
1419 Consultations
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1. Yes, since he is your son, you can transfer title of your property in India in his name,

2. For registration of properties , all the parties i.e. transferrers and the transferee are required to be present before the Registrar to append their signature and thumb impression on the records and registration documents,

3. There is also a provision of registering transfer deed before the appropriate officer of Indian Consulate. You can visit your local Indian consulate to enquire about it.  
Krishna Kishore Ganguly
Advocate, Kolkata
13211 Answers
280 Consultations
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in some states it is necessary that recipient has to be an agriculturist . 

2) you have not mentioned where the property is situated in India 
Ajay Sethi
Advocate, Mumbai
26095 Answers
1419 Consultations
5.0 on 5.0
Dear Querist
there are three option to transfer the property, One is through sale Deed, Through Gift Deed and through Family Settlement Deed.

it is your choice to transfer the property by any of above procedure.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3721 Answers
140 Consultations
4.9 on 5.0
A NRI cannot buy an agricultural land, plantation property or farmland if the acquisition is by an NRI through a sale-purchase or a gift. This restriction will not prevent an NRI from inheriting agricultural land, plantation property or farmland; however, there are certain restrictions imposed on an NRI with respect to dealing with such type of property once inherited.
NRIs who have acquired foreign citizenship, are sometimes mislead into believing that they cannot continue to hold agricultural land as foreigners cannot hold agricultural land in India. But this is not all encompassing, because Indian NRI’s can continue to hold agricultural land or any other property they own in India provided they had acquired them legally before accepting foreign citizenship. 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.
T Kalaiselvan
Advocate, Vellore
16443 Answers
153 Consultations
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A family tree of a genealogical tree may also not help a US citizen to inherit the agricultural property in India through his NRI father. 
Please check with the local state laws governing this aspect as well. 
T Kalaiselvan
Advocate, Vellore
16443 Answers
153 Consultations
5.0 on 5.0

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