canadian citizen's right on agriculture land in India


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avvimal   
Member since: Jan 07
Posts: 2
Location:

Post ID: #PID Posted on: 03-05-09 21:26:26

What are the rights for Canadian citizen, if they get agriculture property by inheritance from their parents in India?

Can I continue rights as a agricuturist which I would be getting inheritance?

My father was farmer. But I am not. Now I got agriculture land inheritance. Can I keep that and give it to my children inheritance?



cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 04-05-09 15:00:00

Foreign citizen cannot acquire agricultural land in India.

Quote:
Originally posted by avvimal

What are the rights for Canadian citizen, if they get agriculture property by inheritance from their parents in India?

Can I continue rights as a agricuturist which I would be getting inheritance?

My father was farmer. But I am not. Now I got agriculture land inheritance. Can I keep that and give it to my children inheritance?




RESP   
Member since: Mar 04
Posts: 371
Location: Mississauga, Ontario

Post ID: #PID Posted on: 04-05-09 17:58:26

Even you have OCI card, this rule remain same, as OCI's are second grade Indian citizens :p

Quote:
Originally posted by cdn_dude

Foreign citizen cannot acquire agricultural land in India.

Quote:
Originally posted by avvimal

What are the rights for Canadian citizen, if they get agriculture property by inheritance from their parents in India?

Can I continue rights as a agricuturist which I would be getting inheritance?

My father was farmer. But I am not. Now I got agriculture land inheritance. Can I keep that and give it to my children inheritance?




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DesiBabu70   
Member since: Feb 04
Posts: 213
Location: St. Catherines ON

Post ID: #PID Posted on: 04-05-09 18:20:57

Quote:
Originally posted by RESP
Even you have OCI card, this rule remain same, as OCI's are second grade Indian citizens :p

Second grade citizens here, second grade citizens there, oh boy



puttoo   
Member since: Jan 05
Posts: 1096
Location:

Post ID: #PID Posted on: 05-05-09 05:42:08

Quote:
Originally posted by cdn_dude

Foreign citizen cannot acquire agricultural land in India.




Foreign citizens, of Indian origin, cannot "buy" agricultural land .... but they can "inherit" agricultural land ..... furthermore they can sell or gift this land also .....

http://rbi.org.in/Scripts/BS_FemaNotifications.aspx?Id=175



cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 05-05-09 12:31:36

Quote:


posted by cdn_dude

Foreign citizen cannot acquire agricultural land in India.

posted by puttoo
Foreign citizens, of Indian origin, cannot "buy" agricultural land .... but they can "inherit" agricultural land ..... furthermore they can sell or gift this land also .....

http://rbi.org.in/Scripts/BS_FemaNotifications.aspx?Id=175




-- It says they can inherit it from the person resident outside India - the OP's father (I assume) is not outside India.

-- It also says that the sale or gift this land TO a person resident in India (and also a citizen of India) - clearly the OP is neither residing in India nor a citizen of India.



puttoo   
Member since: Jan 05
Posts: 1096
Location:

Post ID: #PID Posted on: 06-05-09 01:50:19

Quote:

-- It says they can inherit it from the person resident outside India - the OP's father (I assume) is not outside India.
.



acquire any immovable property in India by way of inheritance from a person resident outside India who had acquired such property in accordance with the provisions of the foreign exchange law in force at the time of acquisition by him or the provisions of these Regulations or from a person resident in India

I think you ,missed the end part where it says "or from a person resident in India" .....


Quote:

-- It also says that the sale or gift this land TO a person resident in India (and also a citizen of India) - clearly the OP is neither residing in India nor a citizen of India.


This part is about "transfer" .... that means it talk about what OP can do with the agricultural land he has acquired ...... so it goes to say that the OP, being a foreign national getting agricultural land by way of inheritence can either gift it or sell it to a resident indian ... OP cannot sell this land to a foreign national !!!

Hope this clarifies





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