1. How to Build Positivity in Married Life? : Click Here
    Dismiss Notice
  2. If someone taught you via skype, what would you want to learn? Tell us here!
    Dismiss Notice

Question About Indian Property

Discussion in 'Married Life' started by anu1215, Aug 7, 2019.

  1. anu1215

    anu1215 Platinum IL'ite

    Messages:
    1,687
    Likes Received:
    1,075
    Trophy Points:
    283
    Gender:
    Female
    Hello All,
    Am asking this on behalf of my sister.

    my sister and brother-in-law both work, my bro-in-law invest money in india like buying plots and resedential areas they are married for 10 years and 2kids , she is a citizen but her husband is on greencard. her husband recently got to know a green card holder can't have the property on his name, only indian citizen can buy. so he transfered all his properties on his dad name, my sister is shocked and depressed.
    Her question is
    NRI(green card) holder can't hold the indian property on their name?
    as the property is tranfered to father-in-law so he has the full rights?

    my sister is very depressed as their hard money was invested in india, all these days she was happy it was on her husband name, now without her knowledge the properties earned in 10 years has shifted to his dad.

    please help as am not sure regaring the property query
     
    Loading...

  2. SinghManisha

    SinghManisha Platinum IL'ite

    Messages:
    740
    Likes Received:
    1,834
    Trophy Points:
    263
    Gender:
    Female
    I don’t know what your BIL is smoking, but there is no law that prohibits a green card holder from buying property in India ( a green card holder still has a Indian passport and is a legal citizen of India).
    Ask your sister to focus on transferring the property back to their name ASAP. If something happens to her FIL, her husbands siblings can claim their share in the property legally.
    This is not the right time to be depressed, situation calls for some action.


    know
     
    Anusha2917 and SunPa like this.
  3. SunPa

    SunPa Platinum IL'ite

    Messages:
    782
    Likes Received:
    1,771
    Trophy Points:
    263
    Gender:
    Female
    @SinghManisha is right, NRIs can own property ( except agricultural)
    Even if he becomes US citizen , he can continue to own the property he bought when he was an Indian citizen ( might need to get the OCI card done).

    Time for your sister to share her concerns with her husband. Anyhow he took such a major decision without even discussing with her , she needs to protect her financial interests
     
    SinghManisha likes this.
  4. anu1215

    anu1215 Platinum IL'ite

    Messages:
    1,687
    Likes Received:
    1,075
    Trophy Points:
    283
    Gender:
    Female
    Thank you for the reply,I heard most of the properties are agriculture lands.
    Her father in law is close to 70 and she have a cunning sil
    My sister is citizen, only one car is on her name which she is still paying loan and rest of the properties are on her husband name


     
  5. DDream

    DDream Platinum IL'ite

    Messages:
    1,099
    Likes Received:
    2,232
    Trophy Points:
    285
    Gender:
    Female
    I think any Indian citizen can own any property in India, some exceptions on agricultural land. As its family owned, I dont understand why it should be handed over to his father when her dh is still an Indian citizen. She need to understand the rules. Look like her husband didnt try to understand it very well. OR some other reasons. Why he didnt discuss it with his wife. As its FIL's property now, all his siblings can claim its share after his death. She needs to protect her properties. Its unfortunate that she face a situation like this.

    Must-know rules for NRIs for real estate investment in India

    NRIs guide to deal with inherited property - Times of India

    But the rules are different for US citizen/OCI card holders

    "OCI card holders can purchase residential and commercial properties in India. But they are not permitted to purchase agricultural land, including farmland or any kind of plantation property".

    Property Related Matters of NRIs/OCI card holders in India
     
    Last edited: Aug 7, 2019
    hermitcrab and SinghManisha like this.
  6. Brevity

    Brevity Gold IL'ite

    Messages:
    270
    Likes Received:
    492
    Trophy Points:
    123
    Gender:
    Female
    As per ministry of external affairs website, if a person had bought agricultural land when he was an Indian citizen, he can continue to hold it.

    Property Related Matters of NRIs/OCI card holders in India

    "Yes, a person who had bought residential/commercial property/agricultural land/ plantation property/farm house in India when he was an Indian citizen, can continue to hold that property without the approval of the Reserve Bank after becoming an OCI card holder"
     
    hermitcrab and SinghManisha like this.
  7. YoGirl

    YoGirl Gold IL'ite

    Messages:
    645
    Likes Received:
    761
    Trophy Points:
    188
    Gender:
    Female
    OP,

    Your H looks like a good individual in saving money by buying properties.

    There may be any reason why he transferred to his dad’s name..like property taxes or senior citizens benefits etc.

    Your worry is your cunning sil, but not your fil. Since your H didnt talk to you before transferring, i doubt if you could get your questions clarified from him if the transfer was safe and re-transferring assets is not simple unless you create a lot of attention. Apart from your sil, are you worried about anything else?
     
  8. anu1215

    anu1215 Platinum IL'ite

    Messages:
    1,687
    Likes Received:
    1,075
    Trophy Points:
    283
    Gender:
    Female

    Yogirl,
    the query is for my sister and bil,
    one of ourcousin( he is MLA) told nri cant hold the property on greencard, if it comes to government knowledge they can take the property back(may be its kind of extortion on my bil)
    so my bil immediately transfered the whole agriculture land on to fil
    there is a law in india, the father can equally divide the property between son and daughter. so my sister is worried about the property which got tranfered on to his fil which he has right to give it to her daughter
     

Share This Page