Nri purchasing agri land
yeteendra naidu
(Querist) 04 May 2015
This query is : Resolved
AS an NRI my brother is not supposed to buy agricultural land in India. will it be in order to buy on some third party's name and the third party giving my brother a GPA with selling rights, etc. Is this step legal. please advice any alternative.
Jeetender Gupta
(Expert) 04 May 2015
Hon'ble Supreme Court in Suraj Lamp & Industries VS State of Haryana (SLP (C) No. 13917 of 2009) has settled that that immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance. Transactions of the nature of ‘GPA sales’ or ‘SA/GPA/WILL transfers’ do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immovable property. The courts will not treat such transactions as completed or concluded transfers or as conveyances as they neither convey title nor create any interest in an immovable property.
ajay sethi
(Expert) 05 May 2015
in many states only agriculturist can buy agricultural land . dont take risk of buying land in third party name . once you have bought land in his name he may refuse to part with the land
Rajendra K Goyal
(Expert) 05 May 2015
Purchasing of agricultural land in the name of third party is open with risk and difficulty in transferring FOREX to your account with profit at later stage.
T. Kalaiselvan, Advocate
(Expert) 06 May 2015
Well advised by experts, do not go for risking the hard earned money going waste.
