Can NRI Buy Agricultural Land In India

Purchase of Agriculture Land by NRI


An NRI’s Guide to Purchase of Agricultural Land in India For NRIs, the purchase of a property in India requires the consideration of many tax and regulatory rules and implications regulated under the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2000. While the government of India regularly devises new schemes to bolster foreign investments, and real estate is one of the most sought after investment arenas for Indian citizens who reside outside India, there are restrictions placed on certain immovable properties such as agricultural land, plantation property and farm house. Here are some pointers to keep in mind for NRIs wishing to acquire an Agricultural land/ plantation property/farm house in India


Can An NRI Buy An Agricultural Land/Plantation Property/Farm House In India

No. For an NRI, buying agricultural land/plantation property/farm house in India is not allowed. He cannot acquire such a property as a gift either. He can, however, acquire agricultural land/plantation property/farm house by the way of inheritance. Apart from agricultural land/plantation property/farm house, an NRI can acquire by way of purchase, any other immovable property in India.


Can NRIs Who Have Acquired Foreign Citizenships Maintain Ownership Of Their Agricultural Land/Plantation Property/Farm House In India?

NRIs who have acquired foreign citizenships can continue to hold ownership of their agricultural land/plantation property/farm house in India provided they had acquired them legally before accepting the citizenship of a foreign nation.


From Whom Can An NRI Inherit Agricultural Land/Plantation Property/Farm House?

An NRI can inherit property from a person who is a resident of India. An NRI can also, with the approval of the RBI, acquire agricultural land/plantation property/farm house through inheritance from a person who is resident outside India, provided the bequeathed had acquired the property in accordance with the foreign exchange law or FEMA regulations, applicable at the time they purchased or inherited of the property.


Can An NRI Transfer Agricultural Land/Plantation Property/Farm Acquired By Inheritance?

An NRI can transfer agricultural land/plantation property/farm house acquired by inheritance only to Indian citizens permanently residing in India, by sale or as a gift.


What Are The Tax Implications For An NRI On Inheriting Agricultural Land/Plantation Property/Farm Acquired By Inheritance?

Though there is no tax levied at the time of inheritance of agricultural land/plantation property/farm house by NRIs, in case they sell the property to an Indian citizen residing in India, capital gains tax on the sale proceeds will be levied. On payment of the tax, the earnings from the sale proceeds can be remitted abroad lest they exceed 1 million USD in any financial year.


Can The Agricultural Land/Plantation Property/Farm House Be Converted To A Land For Residential Or Business Purpose By An NRI?

To legally get agricultural land/plantation property/farm house converted to a residential or business land is cumbersome. Following pointers should be kept in mind:


1. Every state has its own regulations with respect to the conversion of agricultural land/ plantation property/farm house. Those rules should be considered before making any decision.


2. If an NRI inherits an agricultural land/plantation property/farm house that has already been converted to a residential or business land, they must cross check all the documentation with the appropriate municipal registration offices.


3. If an NRI converts an agricultural land/plantation property/farm house, he can only sell it to an Indian resident who is a citizen of India, after a certain period of time since the conversion takes place. Additionally, the land needs to be used for the purpose it was converted within a specified period of time lest the conversion becomes null and void.


Though general permission to acquire agricultural land/plantation property/farm house in India is unavailable to NRI's, in special cases these proposals can be sent for approval to the Reserve Bank of India, the decision of which is made in consultation with the Government of India.

Related Questions

Q: How to transfer money from NRO account to NRE account?

A: To be able to transfer funds from NRO to NRE account, the following documents are required: •Letter requesting transfer of funds issued to the bank where the accounts are held •FEMA declaration...

Q: How to apply for OCI when living in India?

A: To apply for OCI from India: Applying for OCI involves two steps. One is an online application form and the other part involves printing the online form, attaching the required documentary proof...

Q: OCI eligibility for minor children where parents are Indian citizens?

A: Prior to January 6, 2015 the rules stated that at least one parent had to be a foreign national for a minor to apply for OCI. Now minor children where both parents are Indian citizens can apply for...

Q: Customs duty exemption in India for NRIs

A: The duty exemptions that NRIs get in India for customs duty are under the ‘Transfer of Residency’ section. Under Transfer of residency, NRIs who have stayed abroad for at least two years...