I would like to know some information how dual citizenship works for land ownership

I am a citizen of Canada and I have some land (agriculture) in India. Do I loose my right on that land?

Let me explain in details:
Some land is already on father’s name (my father passed away) and he was Indian citizen but my mom is Canadian citizen.
Am I able to transfer on my name with full rights?

Second thing and imp, there is still some land which my father bought long time back but didn’t transfer on his name, it is still on sellers name.
Seller has no problem transferring to my name since we paid for it. But can I transfer that land on my name being a Canadian citizen?

Long story make it sort – how does DUAL citizenship works for Canadian citizen if they own agriculture property

There is no status for NRI's, that one can consider it to be as a dual citizen of Canada and India. Because, when you acquire a citizenship of another country the Indian Government automatically terminates your Indian Citizenship. If your spouse or your son is still an Indian, then please contact a lawyer and see where he can go with these facts.

Now for consolation, ""IF"" you ever tilled the land personally yourself and you have proof that you were an agricuturist for the past few generation or your Father and YOU were both agricuturist and can provide proof of activities with Income tax papers and Picture of you taken at an younger age as a farm hand or doing farm activities, now together with PIO card, you might be able to substantiate that you are still one and see if it flies. Also go to the local Panchayat or the local governement and get all the backing from them as proof and in writing.

If it does then, you can hold onto those lands that you inherited from your Father or that you can currently get possession of and continue with it. Please also contact a group that is doing its best to help people in your situation. Becoming a member might get you in good standing with them. They are called 'GOPIO'. Please google and find the same. Drop a note to them and see where the matter stands currently. Because as I write this to you, things are changing in your favour.

Good Luck.

Freddie.

http://www.gopio.net/news_latest.htm

NRI is citizen of India living outside India while PIO/OCI are persons of indian origin who have acquired citizenship of other countries. NRI, PIO and OCI card holdes have different status in India. See mha.nic.in under Overseas Citizen of India for comparison of these. Of course, there is nothing called dual citizenship in India.

You cannot buy any agricultural land as PIO/OCI but inheritance may be possible. You probably should contact a person (or may be lawyer in India) well versed with Foreign Exchange Management Act (FEMA). Also see this http://www.rbi.org.in/scripts/FAQView.aspx?Id=33#1

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Hi

Thank you guys for important information....

Now i know that i shouold not use terms call DAUL citizen

i posted this add behalf of my cousin , he is still indian citizen and he is thinking of going back to india after getting Canadian citizen but he wanted to know if he become citizen then he might loose the right to his fathers land.

after reading your post atlest its clean that there should be no problem with existing land on his fathers name.

is there any website beside GOPIO where we can get clear idea ? GOPIO seems nice website but to much informative and we loose track , lots of confustion , yet this website having some issue with few links.

so please any body come accros this problme and have some straight forward details then please give me the link or documents.

thank you in advance

The second situation is not a straightforward situation since the land in not in your father's name (or your cousin's father). It is best to contact a professional well versed with FEMA rules before you (or your cousin) acquire Canadian citizenship.

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Hi RAJ

I am Canadian Citizen , this is all for my cousin

he is still indian citizen

since we starteed talking about this issue then i to know little more about this situation , sorry being bit selfish.

he wants to go back since he owns enough land but he dosnet wanna loose the right to come back in canada. so he is thinking of having baby born in canada so baby automatic becoms canadian citizen in that case him or his wife dosent have to be canadian citizen and they can re apply to come back to canada after few years.

is he doing right ? or there is another better way ?

thank you again in advance for feedback

As an NRI/PIO/OCI, you cannot buy agricultural land in India. So you/he could run into issues when registering the property. There is an option to get RBI approval for the same - best get a lawyer for the same.

In your cousin's case, if he is intending to return to India, once he acquires the residency status back - 183 days+ in the given FY - he can register the properties in his name, if the state laws allows it - some states wants you to prove that he/she is a farmer to buy agri land.

On the other hand, given it is India, if he has a PAN card and looks Indian and has other supporting docs, he might get thru registration without saying a word abt being an NRI/OCI/PIO. Issues may pop up if you try to get forex out of India from the sales proceedings.

If he is intending to return, better establish residence in India, file at least one years tax return and then go about registration. These days, they do track things based on PAN and may get notices/inquiry - for source of funds in case of the second property - (if the amount is considerable, if he don't have proof that his father had paid for it, then there could be issues)