can nri buy agricultural land in india

What happens if NRI buy agricultural land?

As per notification No. FEMA21/2000 RBI dated May 3, 2000, NRI or PIO cannot acquire agricultural land or plantatiom (property or farm house) in India . Purchase of any property in violation of FEMA laws can result in fine or even confixation of such property.

Why can NRI buy agricultural land in India?

According to Foreign Exchange Management Act and the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2018, both NRIs and OCIs aren’t allowed to buy any agricultural land or plantation property or farmhouses in India by law unless they get a special permission from the …

Are NRIs allowed to buy agricultural land?

NRIs can only purchase commercial and residential properties in India. This also is subject to specific rules, and taxation applies to the purchase of property in India by NRIs. Regarding agricultural land, NRIs are NOT allowed to purchase agricultural land, farmland, farmhouses, or plantations in India.

Can parents of NRI buy agricultural land in India?

Under the exchange control law, NRIs cannot own an agricultural land in India. However, they may acquire such agricultural land through inheritance from a person residing in India. Accordingly, you may inherit an agricultural land.

Can NRI buy farmhouse in India?

Under the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2018, NRIs are not permitted to purchase agricultural land or plantation property or farmhouse in India.

Who can own agricultural land in India?

In some states, only one farmer can buy such land while in other states there are no restrictions. Across India, NRIs and foreign nationals cannot buy agricultural land/plantation property/farmhouse. However, they can inherit agricultural land.

Can Overseas citizen of India buy agricultural land?

Under the exchange control law, non-resident Indians or foreign passport holders are prohibited to acquire agricultural land in India.

Can an NRI avail agricultural loan?

NRIs cannot acquire agricultural property but they are allowed to inherit it.

How can I buy agricultural land in India?

Legal Tips For Buying Agricultural Land In India – A Complete…Check the title deed of the agricultural land to verify the ownership.Verify the documents and sign a land sale agreement.Find out the Stamp duty on the land.Required documents for the registration of the land.Sale/Conveyance deed of the land.More items…•

Can NRI get agricultural land by gift from parents?

1. Yes, NRI/OCI can acquire agricultural land by way of inheritance.

Can NRI buy agricultural land in parents name?

NRIs are not legally eligible to buy an agricultural land in India. An NRI cannot purchase any type of property in India without prior approval from RBI (Reserve Bank of India). More so, an NRI is also not able to acquire agricultural land by way of gift. They can only acquire agricultural land by inheritance.

Can NRI buy agricultural land in Kerala?

Anyone can buy agricultural land in Kerala except NRIs. According to the Kerala Land Reforms Act, 1963, the maximum area of ​​land is as under; a) An adult unmarried person or the only surviving member of the family, five standard acres land and the ceiling limit is 6 and not more than 7 and a half acres.

Can NRIs acquire land in India?

The answer to this, too, is no. NRIs cannot acquire agricultural land in India even by gift. While other types of properties can be acquired by the way of gift, this is not so for agricultural land.

Can NRIs buy property in India?

The Reserve Bank of India (RBI) has given general permission to NRIs to acquire property in India. However, it does not mean that NRIs can buy any type of property. NRIs can only purchase commercial and residential properties in India.

Can NRIs buy land in India?

Can NRI Purchase Agricultural Land In India. Under the Foreign Exchange Management Act and the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2018, NRIs and OCIs are not allowed by law to purchase land or plantation property, or farmhouses in India unless they acquire special permission from RBI.

Can an NRI buy land in the name of another person?

An NRI cannot buy agricultural land in the name of another person unless that person is a spouse, brother, sister, or lineal ascendant or descendant. It will be considered a Benami transaction which is illegal. (please consult a good lawyer as our knowledge is limited in this)

Can an NRI inherit land?

An NRI or OCI can acquire agricultural land, plantation property, or farmhouse through inheritance from a person residing in India. An NRI can also inherit property from another NRI. But this is subject to certain regulations like RBI’s approval.

Can NRIs sell farmland?

NRIs can sell agricultural land, plantation property, or farmhouse property provided the buyer is a citizen of India and resides in India. If the NRI has purchased such lands with permission from RBI, they require approval from RBI to complete a sale transaction.

Is agricultural land a capital asset?

Rural agricultural land is not a capital asset hence capital gains tax is not applicable. However, if the agricultural land is defined as urban agricultural land, it is chargeable under capital gains tax.

Is Hemant Beniwal a financial planner?

Hemant Beniwal is a CERTIFIED FINANCIAL PLANNER and his Company Ark Primary Advisors Pvt Ltd is registered as an Investment Adviser with SEBI. Hemant is also a member of the Financial Planning Association, U.S.A and registered as a life planner with Kinder Institute of Life Planning, U.S.A.

Can NRIs own land in India?

Under the exchange control law, NRIs cannot own an agricultural land in India. However, they may acquire such agricultural land through inheritance from a person residing in India. Accordingly, you may inherit an agricultural land. However, an agricultural land in India can only be sold to a person who is a resident in India.

Is immovable property taxable in India?

If you intend to sell the immovable property, it will be taxable in India in the year of sale. Any immovable property held for a period of more than 24 months is classified as a long-term capital asset (LTCA). For inherited property, the holding period will be calculated from the date of acquisition by the original owner …

Is inheritance taxable in India?

Under the Income-tax law, the value of any assets received under a Will or by way of inheritance is not taxable in India. However, the income arising from transfer or use of inherited property in India will be taxable in India. If you intend to let out the property, rental income from the property situated in India is liable to income tax in India.

Is LTCG taxable?

Long-term capital gain (LTCG) is taxable at 20% (plus applicable surcharge and health and education cess). Short-term capital gains is taxable at applicable slab rates (plus applicable surcharge and health and education cess) without any indexation for cost of acquisition or cost of improvement. LTCG can be claimed as tax-exempt if it is reinvested …

Is LTCG tax exempt?

LTCG can be claimed as tax-exempt if it is reinvested in India in specified bonds or one residential house in India (to be either purchased within one year before or two years after or constructed within three years of the transfer of the property).