nri returning to india buy agricultural land, become resident buy farm land, status change nri resident farmland
2 जवाब
The agricultural land buying bar is tied to your residential status under FEMA, not to your citizenship, so once you genuinely return and become a 'person resident in India' under FEMA, the NRI restriction on buying agricultural land no longer applies to you in the same way, and a resident Indian can buy agricultural land subject to state land ceiling and tenancy laws. The key is that the change must be real: you have returned to India to stay for an uncertain period with the intention to reside, which makes you a resident under FEMA, rather than just visiting. Note that some states also have their own laws on who can buy agricultural land, including conditions like being an agriculturist, so even a resident may face state level rules. If you are mid transition, time the purchase for after your status is clearly that of a resident, and confirm both your FEMA status and the state's agricultural land purchase rules with a lawyer and CA before buying. General information, not legal advice.
I moved back to India from the Gulf two years ago. Once I was clearly a resident, I could buy farm land, but in my state there was still a rule about being an agriculturist that I had to deal with. So returning solves FEMA, but check your state law too.