Acqusition of agri land by will by an nri

ramaswami (Querist) 02 February 2015 This query is : Resolved
Sir,
We are 4 brothers and one of my brother is an NRI. We partitioned our lands some 10 years back along with our father. My father wants to make a will and wants to bequeath his agriculture land. By this way can my NRI brother acquire agriculture land in India ?

Also my NRI brother wants to exchange some agriculture land with us. Is it possible?

Whether he can sell his agriculture land and invest in non-agriculture land in India?

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ROHIT SHARMA (Expert) 02 February 2015
1. If the land was partitioned then the share of the father can be Willed by him.

2. Yes, your NRI brother can acquire agriculture land in India.

3. Yes, he can exchange his land with another brother.

4. Yes, he can sell his agriculture land but the proceeds of it cannot entitle him to purchase a N.A. land except another agriculture land.

Rajendra K Goyal (Expert) 02 February 2015
NRI can receive Agricultural land through a will.

For exchange and selling etc. local law involved, consult local lawyer.

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Acqusition of agri land by will by an nri

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