NRI buying Agricultural land for investment / Residential purpose
11-Aug-2023 (In Property Law)
Type: Land / Property related - Buying / Registration advice.
Location : Varanasi.
Hello,
I am an NRI and looking to buy a Small Land 3-4 Bissa in Varanasi near Babatpur Airport.
Legally am not allowed to buy Agricultural land as per RBI / FEMA Guidelines.
The seller Agent has suggested to do registration and Pay Stamp Duty as Residential during registration process which cost higher. This will make the Property legally residential. (NO idea if this also change the LAND Type in Khatauni) and will complicate anytime later on LAND Type in Posession.
Another option : Buy it under Father name and make a will with some Kind of NOC from Siblings.
I am looking for a genuine advice from a legal expert who understands these laws and provide the best possible solution to buy that land. I can be contacted by whatsapp on provided number anytime by message or a call or email me.
Regards
Arun Kanojia
All the above mentioned query please note down that Uttar Pradesh revenue code only Indian residents purchase agricultural land and and if the agent said that you can purchase the land for residential purpose , that stamp duty on residential land is more higher than agricultural land . it means in Uttar Pradesh the stamp duty on agricultural land is 2% of the total cost of the land , but please understand that the sale consideration or the market value which is higher , the stamp duty paid on the higher amount . for residential land the stamp duty is 7% of the total cost of the land which is higher that is market value or sale consideration . please don't believe your agent and before purchase and registration of the sale deed please apply for the conversion of land agricultural to residential .
your another option is very risky because in every case if the land aur any property purchased by the father in his life , thereafter after the demise of the person , the legal Heirs can file a partition suit aur permanent injunction of the side land or property .
your another option is very risky because in every case if the land aur any property purchased by the father in his life , thereafter after the demise of the person , the legal Heirs can file a partition suit aur permanent injunction of the side land or property .
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You will have to file an application to the secretary to the state government in Revenue Department and after getting the permission you can purchase the land this is the only way you can purchase the land in UP in your question the other way which you have discussed it is wrong and for more query you can contact me.
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