can i gift my property to foreigner...

Shilpa Rani (Querist) 07 December 2008 This query is : Resolved
i am indian having property ( agricultural land )gifted by my father....can i gift that property to any foreigner( not indian citizen)....if i gift him my property...will same laws apply to him as applicable to indian...i mean can i register on foreigner name that gift deed with the registrar...will he has the right to sell that gifted land and take the money without paying any additional taxes in future

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Vinjamuri Venkata Rao (Expert) 07 December 2008
Well Silpa

You have many Questions in your mind, but you are unable to explain properly.
who is living in foreign?
What is your relationship with him?
In any view, you may transfer your property to a foreigner, and only indian Law applicable to him, as the property situated in India. He has every right to sell the gifted land. with regard to Tax , you may contact an Auditor

Manish Singh (Expert) 08 December 2008
YOU CAN GIFT IT TO A FOREIGNER AND THE SAID FOREIGNER CAN ALSO SELL IT OFF AND ALSO HE CAN USE THAT PROCEEDS TO BUY ANY OTHER PROPERTY IN iNDIA.
Indian laws shall be applicable. he can also gift that proceeds in indian currency to any resident in India.

Adv.Shine Thomas (Expert) 08 December 2008
Agricultural land in India cannot be acquired by way of gift by a foreign national of non-Indian origin resident outside India.

Manish Singh (Expert) 08 December 2008
Soryy for the wrong information since I hadnt gone through the content properly.
I completely agree with Mr. Thomas. no gift of land can be made to a foreign national except inheritance is alllowed.