Inheritance of Father's Property in India by a Foreign Citizen Son

658 votes

yes they can inherit the property under the applicable succession law like Hindu Succession Act. after inheriting the property you are allowed to sell it subject to FEMA regulations subject to conditions set by RBI & after paying relevant capital gain taxes.

Advocate Vinay Redhu LawRato

660 votes

Yes, a son or daughter who is a foreign citizen can inherit residential property from their father, an Indian citizen, under Indian succession laws. However, the following points should be noted: Inheritance Rights: The inheritance will be governed by personal laws applicable to the family (e.g., Hindu Succession Act, Muslim Personal Law, etc.). Foreign citizenship does not affect the right to inherit immovable property in India. Sale of Property: After inheriting the property, the foreign citizen can sell it. However, the sale and transfer of immovable property by foreign nationals are subject to guidelines issued by the Reserve Bank of India (RBI). Repatriation of Sale Proceeds: Repatriation Limit: Foreign citizens who have inherited property can repatriate sale proceeds up to USD 1 million per financial year, subject to the production of documentary evidence of inheritance. Compliance with FEMA: The transaction must comply with the provisions of the Foreign Exchange Management Act (FEMA). Documentation: Necessary documentation, such as a succession certificate, will, or other proof of inheritance, and evidence of the sale transaction, must be submitted to the authorized bank handling the transfer. Tax Implications: Capital gains tax may apply to the sale of inherited property. Filing of income tax returns and payment of applicable taxes in India is mandatory before repatriating the funds. It is advisable to consult with a legal expert for assistance in navigating inheritance laws and FEMA regulations to ensure compliance and smooth execution of the process. Let me know if you need further assistance!

Advocate Aman Verma LawRato

797 votes

Yes children are always class 1 legal heirs of patents no matter whether they are living here or abroad or married or u married ! Yes you can get the property mutated under your names by releasing SPA and you can further sell it to without coming to India You need to hire expert advocate Plz b in touch

Advocate D. Khan LawRato

814 votes

hello sir, it doesn't matter where the son and daughter is living. what we have to see is the laws of the country where the property is located and where the owner is living. certainly in your case son or daughter would inherit and can sell and transfer the same.

Advocate Deepanshu Garg LawRato