Legal Question in Real Estate Law in India

can a oci holder with foreign citizenship acquire agricultural land in Andhrapradesh, India from a family friend by inheitance through will?


Asked on 3/10/14, 8:23 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

11.03.2014

Dear Sir / Madam,

Section 55 of the Indian Succession Act, 1925 - Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendant reads :

When a Parsi dies leaving neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendants, his or her next-of-kin in the order set forth in Part II of Schedule II, shall be entitled to succeed to the whole of the property of which he / she dies intestate. The next-of-kin standing first in Part II of that Schedule shall be preferred to those standing second, the second to the third and so on in succession, provided that the property shall be so distributed that each male and female standing in the same degree of propinquity shall receive equal shares.

Yes, As a Overseas Citizen of India (OCI), you are required to remit foreign exchange to India, for the purpose of purchase of the agricultural land in AP, from your family friend who enjoys a clear marketable title of the land,

Regards,

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Answered on 3/10/14, 8:25 pm


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