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Nagaraju (IT Consultant)     22 October 2016

Property rights from parents to one son

Hello All,

 

I'm 60 years old and married with 4 childern (2+2all are married). I would like to buy an agricultural land with my own money and would like/it should go only to my 1st son or to his child(my grand son).

I can't directly register/gift the agricultural land on his name as they are NRI.( Correct me If I'm wrong)

So, I'm looking for the possibilities to make sure that this property(which I'm planning to buy now) should goes to my 1st son ( or his child - minor).

1)  Can I write a will and register it? any limitations if we do so. does my son need to get any court permission to register on his name? Can we avoid it if the other siblings have no objection as they are aware and ready to sing as a witness during the will?

2) Is it possible to register the land on my name then transfer to my1st son name, without any trouble at later time(after death)?

3) In the above two cases, if any unfortunate thing to my son, does his wife / son(once he is major) have the full power on this property or not?

4) In the above two cases, does my have any authority/rights to object it later.

I'm thinking about the above options,but please share if there is any simple / easy solution.

Thank you in advance. 



Learning

 14 Replies

G.L.N. Prasad (Retired employee.)     22 October 2016

Purchase it if your own name specifically declaring that the property was purchased with your self acquired income, write a will duly register it giving the rights as you wish and send a copy to your eldest son by fax.  Get the document written by an expert advocate.  (Will)  You may also declare that in this specific property no other legal heirs have any right, as it is acquired by your income alone.

1 Like

Ms.Usha Kapoor (CEO)     22 October 2016

Since  the property is self acquired if you don't want your daughter in law to hAVE FULL RIGHTS AND CONTROL OVER YOUR PROPERTY IN THE EVENT O F ANY  UNFORTUNATE THING HAPPENING TO YOUR  SON YOU CHOOSE  THE OPTION OF WILL.AFTER YOUR DEATH ONLY IT WOULD COME INTO OPERATION.  OTHERWOISE  GIFT IS A BETTER OPTION..AFTER YOUR DEMISE  THE PROPERTY ON PRODUCTION OF YOUR DEATH CERTIFICATE AND lEGLA hEIR CERTIFICATE FROM REVENUE OFFICIALS  BY YOUR ELDEST SON WOULD GO TO YOUR  ELDEST SON IN HIS ABAENCE  TO YOUR GRAND SON. MAKE IT CLEAR IN YOUR  WILL THAT IN  THE EVENT OF MY DEMISE MY SELF ACQUIRED PROPERRTY  SHOULD GO TO MY ELDEST SON OR IN HIS ABSENCE  TO HIS SON WHO  MAY have bbecome a MAJOR BY THEN. IF YOU APPRECIATE THIS ANSWER PLEASE CLICK THE THANK YOU BUTTON ON THIS FORUM..

1 Like

Nagaraju (IT Consultant)     22 October 2016

Thank you Sir(both) for you response. 

Would like to clarify, in this property my wife / other kids should't have any rights. 

It should go only to my eldest son / his wife / his son.

After my Demise, should my eldest son get Court order or approvals from revenue officials even if the other siblings accepted and ready to sign during registration? because, they are already got their share but I'm not able to register this property on my eldest son name as they are NRI now ( all Indian citizens but staying abroad).

Can my childern directly go for registration if no one (other siblings) has any objection on it ?

Assume, will is already registered. ( Also confirm, where we need to register the will? any sub registrar or where the property located?)

 

Thank you

 

G.L.N. Prasad (Retired employee.)     22 October 2016

If it is self acquired property, you can even donate the property through will  to vatican and legal heirs can not go to court.

If you have already registered a will you can either get it returned and declare this will as final.  You can register the will at the place of your residence or property which ever is convenient.  You can get the guidance of sub registrar on the issue.

You may get the witnesses of those legal heirs as precaution.

Contact an expert locally for more guidance.

1 Like

GANDHI MOHAN BHARATI (Pensioner)     22 October 2016

Though the experts have given opiion on the part of Will & Self asquired prperty, I have a doubt whether the son who is an NRI or might become a foreign citizen can hold agricultural land in India?

The original querriest states that the land cannot be purchased in his son's name because he is an NRI.

What are the implications?

 

 

Kumar Doab (FIN)     22 October 2016

Agriculture is a state subject and state might have framed rules, ceiling on such land.

 

However this may not neccessarily be applicable in case of inheritance.

Check with concerned authority.

Kumar Doab (FIN)     22 October 2016

Is it same query:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=143506&offset=0

Kumar Doab (FIN)     22 October 2016

The facts differ in both queries.

 

Nagaraju (IT Consultant)     22 October 2016

Hello Kumar Sir,

 

Both are different Queries. 

 

One is related to will from Parent to NRI Son( Indian citizen just staying in abroad for next couple of years).

Second one is buying agri land on Indian citizen who is a minor and their parents are NRI. Grand parents are buying land on Minor grand son name.

Ms.Usha Kapoor (CEO)     23 October 2016

If the minor grand son is in India and citizen of India liviing with  you here in India you can  gift away agriculturla land in favour of him.If he is an NRI you can''t. However you can gift cash and kind gifts  to your minor grand son other than Agriculturral land and Plantationl land in favor of NRI grand son.

 

Nagaraju (IT Consultant)     23 October 2016

Thank you Usah sir,

 

Here the issue. is

Parents(I'm) are NRI --> Staying abroad- Indian citizens

Son ( My son, minor  and indian citizen) is in India( Initial 9 months in india then 7 months in Abroad then returned to India to stay with grand parents)

Grand Parents --> Staying In india -- Farmers -- Citizen of India.

Grand parnets want to buy agricultural land on Monir Grand son. Could you confirm is it legal to buy and register on Minor name in this case?

Is minor also treated as NRI (as parents are NRI)?

Confused becasue, schools are treatinig as NRI as Student parents are NRI. Is the same applies in buying agri land also?

Thank you

Nagaraju (IT Consultant)     23 October 2016

Thank you Usah sir,

 

Here the issue. is

Parents(I'm) are NRI --> Staying abroad- Indian citizens

Son ( My son, minor  and indian citizen) is in India( Initial 9 months in india then 7 months in Abroad then returned to India to stay with grand parents)

Grand Parents --> Staying In india -- Farmers -- Citizen of India.

Grand parnets want to buy agricultural land on Monir Grand son. Could you confirm is it legal to buy?

Is minor also treated as NRI (as parents are NRI)?

Confused becasue, schools are treatinig as NRI as Student parents are NRI. Is the same applies in buying agri land also?

Thank you

Ms.Usha Kapoor (CEO)     23 October 2016

Except Agriculturl land orplantationlansd or farm house you can buy  any other property movable or immovablere in the anme ofyour NRI son. I fyou buy the above  lands(Agri land,Plantation etc) Your NRI Son has to keep themlife long in India aan d he can't dispose of thos eproerties withou tpermission from RBI. That too h has to dispose of thoseproperties in favor of n Indian itizen or residnt of India only.See below the relvant provisions.If you appreciate this answer please clikc the thnak you button on this forum.

 
 
 
 
 
inShare

NRIs, PIOs can inherit Indian property owned by Indian

NRIs, PIOs may purchase immovable property in India
First Published: Mon, Nov 05 2012. 08 50 PM IST
 
Mint
Mint
 
My grandparents, who have passed away, owned 30 acres of land in Kerala. The property is still in the name of my grandfather. My parents and I are now citizens of the US. Do I still have the rights to inherit the land? What is the procedure? My father was their only son.
—Thomas
For the purpose of answering this query, we are assuming that your grandparents were persons resident in India. We are further assuming that your father is alive as of date and that you and your father, while being US citizens, qualify as persons of Indian origin.
As per the Foreign Exchange Management Act, 1999 and the regulations framed thereunder, the following persons can acquire immovable property in India by way of inheritance from a person who was resident in India:
* Non-resident Indian (NRI);
* Persons of Indian origin (PIO);
* A foreign national of non-Indian origin;
Assuming your grandparents were persons resident in India and acquired the property in question while residents in India, your father being a PIO is entitled to inherit immovable property in India.
If your grandfather had drawn up a will, the property will devolve in accordance with the bequests made vide the will. It would be advisable to obtain a probate of the will from a court of competent jurisdiction.
If the said land was not bequeathed to your father under a will and your grandfather died intestate (without having made a will), the property will devolve in accordance with the laws of succession that governed your grandfather at the time of his demise. In such a case, it would be advisable to obtain letters of administration for the right to administer your grandfather’s property from a court of competent jurisdiction. Once either the probate or letters of administration have been obtained, the revenue records must be updated to reflect the name of your father as the owner of the land.
However, note that there are certain restrictions on NRIs, PIOs and foreign nationals of non-Indian origin acquiring immovable property (other than by way of inheritance). Here are highlighting certain restrictions applicable to PIOs.
* NRIs and PIOs may purchase immovable property in India, except agricultural land/plantation property/farm house.
* An NRI or PIO may sell agricultural land/plantation property/farm house only to a person resident in India who is a citizen of India.
* Similarly, an NRI or PIO may acquire any immovable property (other than agricultural land/plantation property/farm house) in India by way of gift from a person resident in India or an NRI or a PIO.
* An NRI/PIO can gift agricultural land/plantation property/farm house in India only to a person resident in India who is a citizen of India.
Therefore, if your father inherits the land in question from your grandfather, he may not be able to transfer it to you during his lifetime without prior approval from the Reserve Bank of India (RBI).
Further, there are certain restrictions on persons resident outside India and their successors (which would include PIOs) with respect to repatriation outside India of the sale proceeds of any immovable property inherited. Such repatriation cannot be done without the prior permission of RBI. Therefore, even if your father were to sell the land in question to a person resident in India who is a citizen of India, he would need the prior permission of RBI before repatriating the sale proceeds outside India.

Ms.Usha Kapoor (CEO)     23 October 2016

If the  minor grand son  iis permanently going to live with you in INdia there is no bar to you to buy or gift agricultural land/palntation land/farmhouse in his name in India. If he is  a permanent resident of India except temporary  occasional travel to  his parents for a few days or months and would be back to india  soon you can transfer  both cash and  kind  gifts including Agriculural lands and  you and your grand son are exempt from gift tax if it is  house property you want to gift to your grand son. If you appreciate this answer Pease click the thank you button on this forum.


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