Can nri inherit agricultural land


A non-resident Indian (NRI) or person of Indian origin (PIO), can inherit any immovable property in India, whether it is residential or commercial. They can even inherit agricultural land or a farmhouse, which they are otherwise not entitled to acquire by way of purchase.May 8, 2022

Can NRIs inherit agricultural land in India?

NRIs can inherit agricultural land, farmland, farmhouses, and/or plantations in India from a resident of India only. If NRIs inherit agricultural land from a non-resident of India, the approval of the RBI is necessary.

Can I Sell my agricultural land to an NRI friend?

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. Accordingly, you cannot sell your agricultural land in India to your NRI friend.

Can an NRI give an inherited property as a gift?

However, NRIs can give an inherited property as a gift only to an Indian resident or to another NRI/ Persons of Indian Origin (PIO) (apart from agricultural land). Can NRI buy agricultural land in Tamil Nadu?


What will happens if NRI buy agricultural land in India?

NRIs can buy both residential and commercial property in India but not agricultural land, farm houses, or plantation properties. However, if an NRI is willing to purchase agricultural land in India, it requires permission from the Reserve Bank of India for doing so.

Can I inherit agricultural land with OCI?

NRI/OCI can inherit any immovable property (including agricultural land, farm house, plantation property) from Person resident in India or from Person resident outside India.

Can OCI sell inherited agricultural land in India?

However, an NRO who is a citizen of India or an overseas citizenship of India cardholder can inherit agricultural land or any immovable property in India from a person resident in India. Do note that in case you decide to sell such agricultural land, it can only be sold to a person resident in India.

Can a foreign national of Indian origin inherit property in India?

Foreign nationals of non-Indian origin resident outside India can acquire/ transfer immovable property in India, on lease not exceeding five years and can acquire immovable property in India by way of inheritance from a resident.

Can a US citizen inherit agricultural property in India?

Yes, NRIs and PIOs can inherit commercial, residential and even agricultural property in India.

Can non citizens inherit property?

Yes, but only the movable assets in a foreign country. The immovable assets Will follow the law of the country of domicile. Will my foreign spouse have entitlements to my testate/intestate succession when I pass on?

Can NRI sell property in India without RBI permission?

Non-resident Indians (NRIs) and overseas citizens of India (OCIs) don’t require prior approval for buying or selling immovable properties like houses in the country, Reserve Bank of India (RBI) clarified on Wednesday.

Can NRI sell property in India without going to India?

If you are a Non-Resident Indian, you can sell the property to a Resident Indian without restrictions. If the buyer is a Non-Resident Indian or a Person of Indian Origin (POI), you may need the approval of the Reserve Bank of India (RBI). You are not allowed to sell the property to a foreigner.

How can I avoid capital gains tax on inherited property in India?

To save taxes on sale of inherited property , one can invest in specified instruments such as purchase a residential house property or NHAI/REC Bonds,etc.

Can NRI gift property to parents in India?

NRIs can give and receive gifts in cash or kind (jewelry, antiques, property) to and from relatives and non-relatives in India.

Who can inherit property in India?

If you are a Hindu married male, ordinarily, your wife, sons, daughters, and mother are your legal heirs. They will each take an equal share of your estate. Thus, if you are survived by a wife, mother, one son, and one daughter, each of them will take a ¼ of your estate.

How much LTCG can be reinvested in two houses in India?

Effective FY20, LTCG can be reinvested in two residential houses in India if it doesn’t exceed ₹ 2 crore. The option to reinvest LTCG in two residential houses in India is available only once in a lifetime.

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 rental income taxable in India?

Also, what will be tax implication of rental income received? —Ravi Singh. 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 …

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 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.

Can a farmer sell agricultural land?

He can hold or sell that agricultural land.

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 NRIs get farmland?

There is no restriction for NRIs and OCIs to get agricultural land, plantation property, or farmhouse as a gift from the person resident in India. (but consider Benami act)

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)

Is land transaction difficult?

Land transactions can be tricky. The rules are different in different states. It might be difficult to have updated information as an NRI or OCI who is not always present in India. You have to research and understand factors like the legitimacy of land, compliances to be followed, etc. at the time of a property purchase and understand …

Can you buy farmland if you are an OCI holder?

You can sell inherited farmland but as an OCI holder you cannot buy.

What can an NRI do with Inherited property?

NRIs can decide to keep their inherited property and continue ownership under their name. No tax shall be payable at the instance of inheritance, however, if you decide to rent out the property then some taxes may be applicable.

How do NRIs inherit Indian property?

The procedure of inheritance will depend on the circumstances and documentation of the NRI (s) inheriting the moveable and/or immovable property . Broadly speaking, NRIs or foreign nationals such as UK, US or Canadian citizens can inherit a property in India in one of the following three ways:

What happens if an NRI dies without a will?

without a Will, then the inheritance process may become more complicated. In this case, the property passes by inheritance as per the personal law of the deceased. This procedure requires several documents including the death certificate of the relative, birth certificate, purchase deed, registration documents, bank documents, etc. in order to prove a rightful claim to the property in question.

How can NRIs transfer their property?

NRIs can transfer the property to other NRIs by making a Will during their lifetime. Upon the demise of the NRI, the relevant shares in the properties are distributed amongst the legal heirs according to the Will.

What is the Indian Succession Act?

The Indian Succession Act seeks to consolidate all Indian Laws relating to succession. It applies to succession of property whether there is a will or not. Further Inheritance laws apply depending on the religion, such as Hindu, Muslims, Jains, Sikhs and Buddhists.

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 transfer land to a permanent resident?

NRIs are allowed to transfer the ownership of the agricultural land by gift or by sale, but only to a permanent resident of India. In the case of the sale of the inherited agricultural land, there will be tax implications, as well.

Can the inherited agricultural land be converted to commercial or residential land?

NRIs can get the conversion done to commercial or residential land after inheriting agricultural land in India.

Do NRIs have to pay taxes on land?

While NRIs don’t have to pay any tax on the inheritance of agricultural land, it will need to be paid on the sale. Capital gains tax is levied on the sale proceeds in such transactions. The earnings from such sales can only be remitted abroad after the payment of the due taxes.

Can NRIs inherit land from non-residents?

If NRIs inherit agricultural land from a non-resident of India, the approval of the RBI is necessary. Also, the owner of the agricultural land should have been a citizen of India while buying or inheriting the property. It should also be in accordance with FEMA or other relevant laws at that time.

Can NRIs buy farmland?

Regarding agricultural land, NRIs are NOT allowed to purchase agricultural land, farmland, farmhouses, or plantations in India.

Can NRIs inherit agricultural land in India?

Inheriting agricultural land is the only way NRIs can own agricultural land in India.

Who should have acquired the same property?

However, the person from whom the property is inherited should have acquired the same in accordance with the foreign exchange law in force or FEMA regulations, applicable at the time of acquisition of the property.

Can a non-resident Indian inherit property in India?

Yes, a Non Resident Indian (NRI), Person of Indian origin (PIO) or even a foreign national of non-Indian origin can inherit and hold property in India. This includes residential and commercial property, agricultural, plantation and farm land.

Is a house inherited in India tax exempt?

Further, the house property inherited or purchased in India may be considered as exempt under Section 5 of the Wealth Tax Act provided that’s the only house he owns in India.

Can a PIO sell to another PIO?

In case a PIO wants to sell to another PIO, he will need to get prior approval from RBI. An NRI holding agricultural land, plantation land or farm house may sell these properties only to a person resident in India and who is a citizen of India.

Is there income tax on inherited property?

No income tax is payable at the time of inheriting the property.

Do you have to credit NRO funds?

You would thus have to credit the proceeds to the NRO account.

Can an NRI sell inherited property?

An NRI can sell inherited property to a person resident in India, an NRI or a PIO. A PIO can sell property in India to a person resident in India or an NRI. In case a PIO wants to sell to another PIO, he will need to get prior approval from RBI.


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