Gifting or will a property to foreigner

Mustafa Contractor (Querist) 30 May 2023 This query is : Resolved
I am an Indian citizen married to Iranian woman and she is on stay (spouse) visa and we are living together since 2 years. We are preceding with OCI. I want to gift her 50% of my property or want to make a WILL in her name while she is on stay visa. Is it possible? If not, then is it possible once she recieves the OCI?

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Yes, it is possible to gift or bequeath property in India to a foreign national, including your spouse on a stay visa. There are no restrictions preventing the transfer of immovable property to a foreigner. This remains possible even if your spouse is on a stay visa and also once they receive their OCI card.

Sudhir Kumar, Advocate (Expert) 31 May 2023
possible.

kavksatyanarayana (Expert) 31 May 2023
Yes. You can gift the property.

Advocate Bhartesh goyal (Expert) 01 June 2023
No restrictions on gift or bequeath the property to any foreigner.

N.K.Assumi (Expert) 02 June 2023
I agree with the views of the experts.

T. Kalaiselvan, Advocate (Expert) 03 June 2023
A foreigner can acquire immovable property in India, therefore you can transfer 50% of your property to your foreigner wife

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