Shreya (.) 10 December 2015

Inheritance of agricultural land

Sir,

My grandmother's agricultural land of 6 acres(located at a small mandal in Andhra Pradesh), has been added to my dad's land after her death in 2004. My aunt (Dad's sister) who is a pulmonary specialist in New Jersy owner of a hospital. She went to USA in 1980's and took US citizenship is coming to India in Jan 2015 and claiming that is her mother's land so register it on her name. She also got Aadhar card in Hyderabad, and got the land registered on her name recently.

My query 1. Can a NRI who is NOT residing in India get an Aadhar card ?

2. Can a NRI get agricultural land in India as a gift.

looking forward for your answers.

thank you.

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3 Replies

Adv. Yogen Kakade (+ 91 9225510883) 10 December 2015

Hi,

She is residing in US but having Indian origin..

A person with Foreign origin cannot purchase the agricultural land in India...

Here she is not gtting the land as gift neither she is purchasing the agricultural land.

If I am not wrong, She is asking her share in the property as a successor.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
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Kumar Doab (FIN) 10 December 2015

1. Agriculture is state subject. You may go thru state rules for share in agriculture land to married daughters. IN UP as per UPLAZR Act maried daughters are not eligible.

2. The agriculture land was owned by female. It is believed that you are Hindu.

The legal heirs are husband and children.

Thus her daughters (your dad's sister) has equal share.

3. The whole land could not have been added to your dad's share. She can sue your dad on this count.

4. The share in mother's property can not vanish with time. She can file for partition.

You can't claim adverse possesion.

Rest discuss with an able lawyer specializing in family/civil/revenue/property matters and well versed with local laws.

Shreya (.) 15 December 2015

Thank you for all the replies. The case falls in the Andhra Pradesh Jurisdiction.

Let me know whether a NRI not staying from past 30 years in India can obtain an Indian Aadhar card ? Is it legal for a NRI to have an aadhar card. She obtained the card in December 2015. She got the US citizenship years before getting the Aadhar card.

If the aadhar card is illegal what should be the plan of action. Please advise.

The issue is not about the 6 acres land. A person not staying in India deceiving the government with false documents.

thank you.