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Can an NRI receive agricultural land as a gift in India?

PPooja Bhatt6 महीने पहले · 190 व्यू

nri gift agricultural land, can nri receive farm land as gift, gift deed farmland nri fema

2 जवाब

🌾Farmer.in Krishi Teamविशेषज्ञ ✓6 महीने पहले

This is a grey area where people often go wrong, so be careful. While an NRI cannot purchase agricultural land, the position on receiving it as a gift is more restrictive than for residential property. For residential and commercial property, an NRI can freely receive a gift from a resident relative. For agricultural land, plantation property and farm houses, the safer and clearly allowed route to acquire ownership is inheritance. Gifting of agricultural land to an NRI is treated cautiously and may require checking the latest FEMA position and sometimes RBI permission. Because the rules here have nuances and have been clarified over time, do not rely on a simple yes. Get the specific transaction vetted by a FEMA-aware lawyer before executing any gift deed, otherwise the transfer could be challenged. There can also be stamp duty and tax angles. This is general information and not legal advice; please confirm with a professional for your exact case.

KKaran Malhotra6 महीने पहले

My father wanted to gift me his farmland while alive so I could avoid succession hassle later. My lawyer advised against it for an NRI and suggested a will instead, so it comes to me by inheritance which is clearly allowed. Saved us a lot of risk.

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