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What will happen to my property in India when I become an American Citizen?

Discussion in 'US Citizenship' started by lilocomotiv, Jul 11, 2007.

  1. lilocomotiv

    lilocomotiv New Member

    I am bron in India and just got my US citizenship. I have some properties(Land/House) and bank accounts in India in my name. Everybody in my family is now US citizens. Is it OK to manage those properties while you are a US citizen? Can I sell or buy real estate in India? PIO or OIC will help in this situation? Your expert advice needed!

    Thanks in Advance
  2. dckaraja

    dckaraja New Member

    I would do PIO frist since it only takes week and than apply for OIC that I heard taked few months to get.But either way that should not affect you properties back India.:rolleyes:
  3. SriniB

    SriniB Registered Users (C)

    You should have asked this question before you got your USC, don't you think? ;)

    Anyway... get a PIO or OIC (OIC gives you the most previlages).

    PIO - You cannot own agriculture lands (rest should be OK)
    OIC - You can also own agriculture lands along with house, plots, etc.

    Go check the following site for more details... http://www.mha.nic.in/oci/oci-main.htm

    I struggled with this myself, and my interpretation of the current law raises no red flags... I would suggest you read the above link, and let me know what your take is on the law.
  4. takshila1

    takshila1 Registered Users (C)

    In the interim/purgatory between USC and OIC, one would hope that you don't face any legal challenges to or decide to sell the property.
  5. waitingforins2

    waitingforins2 Registered Users (C)

    oh god..what have you done..

    Oh man..you lost all your property in India..what will you do now?;)
    just kidding

    I think there is no problem here unless you own any agricultural land..I suppose an OCI cannot purchase agri land..but if you already owned some land before you became citizen..I dont know the implication then..better talk to an attorney in India..

    (Belated)Congratulations on becoming citizen
  6. ginnu

    ginnu Registered Users (C)

    The property like home, agricultural land that is on your name before you became US citizen has no problems. After getting US citizen you still can buy/sell , home/house but will not be able to buy agricultural land/farm house on your name. You CAN buy nonagricultural land.

    http://www.nriinternet.com/INDIA/NRI information/NRIs to India.htm

    http://www.immigrationboards.com/vi...der=asc&start=0
    http://boards.immigrationportal.com...3&page=99&pp=15
    http://groups.msn.com/r2iclub/general.msnw
    http://groups.msn.com/r2iclub/gener...560131397030432
    http://groups.msn.com/R2INRIFinanceAndInvestments


    Some other useful links:
    http://www.manupatra.com/ASP/newsletter 119.asp
    http://www.hcilondon.net/visa/visa-formalities.html
    http://www.immigrationindia.nic.in/FAQ_Registration.htm
    http://india.gov.in/overseas/nri.php
    http://www.indialiaison.com/pio.htm
    http://www.banknetindia.com/books/handbook.htm
    http://www.khaleejtimes.com/rbi/page3.htm
    http://www.immigrationindia.nic.in/FAQs.htm
    http://www.femaonline.com/prohibited_investments.htm
    http://www.mha.nic.in
    http://hcilondon.net/Overseas-India...p/indexnew.html
    http://www.ind.homeoffice.gov.uk/in...14/annex_h.html
    http://www.fco.gov.uk/Files/kfile/NOTE VERBALE.pdf
    http://www.publications.parliament....xt/51019w02.htm
    http://en.wikipedia.org/wiki/Indian_nationality_law

    What can NRIs / PIOs and now OCIs do -

    http://iic.nic.in
    http://iic.nic.in/piocard.htm

    Citizenship related provisions

    http://www.indialawinfo.com/bareacts/citi.html

    A useful section on GOI website for Non Resident Indians (NRIs) and Persons of Indian Origin (PIOs). The best thing abt this one is that it puts all relevant links at one source.

    http://india.gov.in/overseas/nri.php

    Consular and other issues of PIOs -

    http://indiandiaspora.nic.in/diasporapdf/chapter27.pdf

    What are the rights of PIO card holders ? Review of PIO card scheme -
    http://indiandiaspora.nic.in/diasporapdf/chapter24.pdf

    Original proposal for Dual Citizenship
    http://indiandiaspora.nic.in/diasporapdf/chapter36.pdf
    http://www.samachar.com/features/210605-middle.html
    http://indiandiaspora.nic.in/diasporapdf/chapter10.pdf
    http://indiandiaspora.nic.in


    I am an NRI and am trying to build a house in India. Can I buy an acre or two and build a house. The house is classified as garden land and not agricultural land.

    John

    Answer: As an NRI you will not be able to purchase agricultural land or so-called garden land. You can get the same converted and then purchase it.



    One good link on all FEMA related matters is http://www.femaonline.com/index.htm

    and specially section related to immoveable property is http://www.femaonline.com/fema/FAQ/...le_property.htm
    Last edited by a moderator: Jul 11, 2007
  7. takshila1

    takshila1 Registered Users (C)

    Moderator, Please add this to FAQ of USC

    Thank you Ginnu, this one's a keeper.

    You are indeed a veteran of this site with ~ 11,000 posts!!

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