India Dual Citizenship Mega Thread (Merged)

[PIO1]

There are some consulates (like Sydney) that are already accepting OCI apps.So what administrative modalities are to be worked out ?

Sloppy......Sloppy.....Sloppy

For those expecting delivery of their OCI on Jan 7 or 8 ... this should be deja-vu. The modalities have been in "working out" state for almost 3 years.

I have yet to hear a report that they have actually processed, certificated and boxed the 4,000 applicants from 2004, ready for shipment when the PM gives the all clear on Jan 7.

So what is the PM going to give on Jan 7? A one-off, home-made certificate?

Looks like 2006 is going to be like 2005.

 

[PIO1]

Lots of action in the press in the lead up to PBD:

NEW DELHI: Prime Minister Manmohan Singh will award the first set of overseas Indian citizenship in Hyderabad Jan 7 when he opens the fourth annual event to connect with India's 25 million diaspora in over 110 countries.

Fifteen outstanding members of the diaspora will also be honoured by President A.P.J. Abdul Kalam at the concluding event of the three-day Pravasi Bharatiya Divas that is expected to attract some 1,500 delegates from overseas, the organisers said.

http://economictimes.indiatimes.com/articleshow/msid-1354391,curpg-1.cms

Now the President himself will be giving away the OCIs! Ahmed Kathrada from South Africa may be one of the recipients it seems. They have moved the deadline from Jan 7 to Jan 9 - three more days to complete modalities

Some of the important initiatives to be announced include creation of special vehicles to facilitate overseas Indians' investment, a collaborative research institution and an e-based Indian Diaspora Knowledge Network, a platform that will facilitate global information exchange and networking between overseas Indians and India.

http://www.hindustantimes.com/2005/Dec/31/5967_1586717,00160006.htm

What is the special vehicle? A tour bus? "The next stop is the Bombay stock exchange ... please do not invest in agriculture or airport or scheduled stocks" What's the Knowledge Network? A web site forum like this where people start off hopeful and then become cynical as the years tick away over bureaucratic inaction. More half baked ideas. Here are mine: (a) implement a full Dual Citizenship (b) remove any and all economic restrictions for NRIs and resident citizens. (c) govt to stop interfering, just sit back and watch as India grows.

 

[Hotdiggety]

I was discussing PM Manmohan Singh with someone the other day. This person was praising the PM for being a nice, decent, knowledgeable guy. Now I'm not sure that "nice" and "decent" are qualities that one needs if one must control the Indian bureaucracy. They may be a severe hindrance, in fact, as the civil service is likely to view niceness as being synonymous with weakness.

I suspect that even if the PM wants to implement this OIC scheme, the bureaucracy does not, and the PM's office cannot control them enough to make them do it. By forcing the presentation of at least a few of these visas in January, he may be hoping to kick-start the whole process.

If that is what he's hoping for, I don't think it's going to work. The people (and I use that term loosely) who work for the Government of India, generally require bribes or electric cattle prods to do the jobs they've been hired to do. They will continue to throw roadblocks in the path of this scheme, until they are threatened with some serious consequences if they don't straighten up.

 

[PIO1]

I was discussing PM Manmohan Singh with someone the other day. This person was praising the PM for being a nice, decent, knowledgeable guy. Now I'm not sure that "nice" and "decent" are qualities that one needs if one must control the Indian bureaucracy. They may be a severe hindrance, in fact, as the civil service is likely to view niceness as being synonymous with weakness.

I suspect that even if the PM wants to implement this OIC scheme, the bureaucracy does not, and the PM's office cannot control them enough to make them do it. By forcing the presentation of at least a few of these visas in January, he may be hoping to kick-start the whole process.

If that is what he's hoping for, I don't think it's going to work. The people (and I use that term loosely) who work for the Government of India, generally require bribes or electric cattle prods to do the jobs they've been hired to do. They will continue to throw roadblocks in the path of this scheme, until they are threatened with some serious consequences if they don't straighten up.

We have seen two governments try to take on the bureaucracy over dual citizenship.

I think both wanted full dual citizenship, and the bureaucracy watered it down to OCI. The fact is strong or weak, nice or mean, no PM and no Govt has been able to take on the bureacracy of India, and this has been the controller of government in India since long before independence. PM, ministers are little more than figureheads ineffective against the establishment.

I remember a clerk at the local consulate. She was rude and dominating. On her say-so your visa would be approved or rejected. The Consul General of the day was ineffective against her - she controlled the processes. This is how the Indian Government is. Lots of people in places that won't allow change. Being PM means little in this environment. In the end, he will only be the one printing the certificates at home for the 15 OCIs on PBD, but after that, us ordinary people will need to wait years for the real thing.

 

[mangal969]

Lots of action in the press in the lead up to PBD:

Quote:
NEW DELHI: Prime Minister Manmohan Singh will award the first set of overseas Indian citizenship in Hyderabad Jan 7 when he opens the fourth annual event to connect with India's 25 million diaspora in over 110 countries.

Fifteen outstanding members of the diaspora will also be honoured by President A.P.J. Abdul Kalam at the concluding event of the three-day Pravasi Bharatiya Divas that is expected to attract some 1,500 delegates from overseas, the organisers said.

http://economictimes.indiatimes.com...391,curpg-1.cms



Now the President himself will be giving away the OCIs! Ahmed Kathrada from South Africa may be one of the recipients it seems. They have moved the deadline from Jan 7 to Jan 9 - three more days to complete modalities

You've misunderstood-The PM will hand out OCi on Jan 7 while the President will give awards (Call them Pravasi Bharatiya Samman or something) to "outstanding" (read rich and influential) NRi's and PIO's.
The south African gentleman is the chief guest.
I guess we'll only know by next weekend...but i dont expect anything till feb/march minimum.Hope the govt gives me a pleasant surprise.

 

[mangal969]

There are plenty of articles out about the security requirement at Hyderabad.But most of them do mention that the PM is going to formally launch the OCI scheme with the issue of the first OCI card at the inauguration ceremony on Jan 7th.

 

[mangal969]

I was discussing PM Manmohan Singh with someone the other day. This person was praising the PM for being a nice, decent, knowledgeable guy. Now I'm not sure that "nice" and "decent" are qualities that one needs if one must control the Indian bureaucracy. They may be a severe hindrance, in fact, as the civil service is likely to view niceness as being synonymous with weakness.

I suspect that even if the PM wants to implement this OIC scheme, the bureaucracy does not, and the PM's office cannot control them enough to make them do it. By forcing the presentation of at least a few of these visas in January, he may be hoping to kick-start the whole process.

I hope for India's sake that the PM is such a weak man ! It is the PM and not the bureaucracy that has the power to decide on policy matters and which direction to take.To think for a moment that he cannot control them sort of puts a doubt on democracy itself.If the bureaucracy can block the PM, then we do not need elections and parliaments,just let the bureaucracy run the show !

The PM could have had OCI up and running if he really wanted it to.In fact he could have acted as soon as the ordinance was put into effect in June '05.The PM and bureaucracy share 60-40 responsibility in making OCI a fiasco.

Also how can the bureaucracy not prepare for DC if the government wants it ? Does the government have to negotiate with the bureaucracy on legislative and policy matters? Granted the bureucrats prepared the bill but it was the Home minister who presented the bill.Did they not know exactly what it contained when it was presented ?
I think it's just a case that we have vented our frustrations re:OCI at the PM for so long and without result that we are now looking for a new target.

To think that the bureaucracy is blocking DC and OCI inspite of the PM wanting it ASAP is absurd.And if by some chance it is true,then it is dangerous.

 

[mangal969]

Finally an intelligent voice !
From www.immihelp.com:
Despite all the news coverage and excitement over this issue, please understand clearly that the Constitution of India does NOT allow dual citizenship, i.e., holding Indian citizenship and citizenship of a foreign country simultaneously.

Government of India decided to grant Overseas Citizenship of India (OCI) which most people mistakenly refer as 'dual citizenship'. Persons of Indian Origin (PIOs) of certain category who migrated from India and acquired citizenship of a foreign country other than Pakistan and Bangladesh, are eligible for grant of OCI as long as their home countries allow dual citizenship in some form or the other under their local laws.

If you get OCI, it is NOT same as being a regular Indian citizen:

* You do not get an Indian passport.

* No voting rights.

* Can not be candidate for Lok Sabha/Rajya Sabha/Legislative Assembly/Council

* Can not hold constitutional posts such as President, Vice President, Judge of Supreme Court/High Court etc.

* Cannot normally hold employment in the Government.

As OCI, you get following benefits:

* Multiple entry, multi-purpose life long visa to visit India;

* Exemption from reporting to police authorities for any length of stay in India; and

* Parity with NRIs in financial, economic and educational fields except in the acquisition of agricultural or plantation properties.

Any further benefits to OCIs will be notified by the Ministry of Overseas Indian Affairs (MOIA) under section 7B(1) of the Citizenship Act, 1955.

A person registered as OCI is eligible to apply by the Ministry of citizenship under section 5(1)(g) of the Citizenship Act, 1955 if he/she is registered as OCI for five years and has been residing in India for one year out of the five years before making the application. However, such person would have to renounce foreign citizenship.

OCI scheme is being operational from Dec 2, 2005. It has been decided that formal launching of scheme will be done by Prime Minister at Pravasi Bharatiya Divas on Jan 7, 2006 at Hyderabad by symbolically handing over the first OCI certificate to a person of Indian origin.

 

[PIO1]

I hope for India's sake that the PM is such a weak man ! It is the PM and not the bureaucracy that has the power to decide on policy matters and which direction to take.To think for a moment that he cannot control them sort of puts a doubt on democracy itself.If the bureaucracy can block the PM, then we do not need elections and parliaments,just let the bureaucracy run the show !

The PM could have had OCI up and running if he really wanted it to.In fact he could have acted as soon as the ordinance was put into effect in June '05.The PM and bureaucracy share 60-40 responsibility in making OCI a fiasco.

Also how can the bureaucracy not prepare for DC if the government wants it ? Does the government have to negotiate with the bureaucracy on legislative and policy matters? Granted the bureucrats prepared the bill but it was the Home minister who presented the bill.Did they not know exactly what it contained when it was presented ?
I think it's just a case that we have vented our frustrations re:OCI at the PM for so long and without result that we are now looking for a new target.

To think that the bureaucracy is blocking DC and OCI inspite of the PM wanting it ASAP is absurd.And if by some chance it is true,then it is dangerous.

There was a UK TV series called "Yes Minister" and then "Yes Prime Minister" - they showed it in the US on some networks. It was all about how the public servants would say "Yes" to the requests of the PM and then do their own thing. India is exactly like this. The Westminister systems separates the power of the minister from the public service. Ask anyone who works in a Govt department (India or anywhere) - change in govt is like turning the Titanic - very slow. Recall your own experiences with a government office in India. Ask a clerk or subortinate to do something and they will give you a million reasons why it is not possible and then take 3 weeks to pick up a piece of paper.

The elected reps get the headlines and shake things up at a top level. They may set direction, but the bureaucrats control the status quo, and no PM has been prepared to clear the deck. Some of these offices go back to before independence.

For OCI you have four ministries, and who knows how many sub sections implementing this - PBD working group, PMO, MHA, MOIA, MEA and all the consulates. I have worked in the west to get govt departments working together - and it must be harder than getting commercial competitors to do so! Each official in each department needs to be apeased, and no one will give up their power.

I do not think the ministers or the PM have the time or will to read and understand the legislation they put forward. They may get a one page briefing document. This is the same as in the west. It is quite possible that the PM thinks he is getting Dual Citizenship.

It is not that the bureaucracy is blocking DC or OCI, it is just that they are in no hurry to implement it (and if they have to they will minimise on the work to get from A to B - hence renaming PIO to DC) - and not even the PM would be able to get them to move - he would have to personally whip into action every bureaucrat from Departmental Secretaries in New Delhi to the Chicago CG clerk behind the glass. Other than the ministers, no one is in any pressure to implement this.

This is why, today, 2006, we are exactly where we were in 2003 and 1955. No OCI and no DC.

 

[mangal969]

"For OCI you have four ministries, and who knows how many sub sections implementing this - PBD working group, PMO, MHA, MOIA, MEA and all the consulates."

For grant of OCI and issue of OCI certificates thre is only one ministry responsible-the MHA and more specifically the foreigner's division.The MEA has no say in the matter (maybe other than do not give OCI to people from such and such country),the MOIA is just a public front for making (irresponsible) announcements and promises (though it will be the ministry responsible for notifying furthur rights and priviliges).The PBD working group just has to make sure that on January 7th the OCI cards (or their cardboard lookalikes) to be issued by the PM are there at the venue. The PMO does nothing more than request that the process be given priority or expidited of whatever (In short just send memos).The consulates have to do nothing more than receive the instructions and follow them.
So as you can see it is not a question of co-ordination at all.There is one specific department in one specific ministry that has to work at this stage to get OCI off the ground.
I hope some visiting delegate at PBD asks the PM upfront why has the implementation taken so long and what message is being sent to the world with this lacksidical attitude.

 

[PIO1]

"For OCI you have four ministries, and who knows how many sub sections implementing this - PBD working group, PMO, MHA, MOIA, MEA and all the consulates."

For grant of OCI and issue of OCI certificates thre is only one ministry responsible-the MHA and more specifically the foreigner's division.The MEA has no say in the matter (maybe other than do not give OCI to people from such and such country),the MOIA is just a public front for making (irresponsible) announcements and promises (though it will be the ministry responsible for notifying furthur rights and priviliges).The PBD working group just has to make sure that on January 7th the OCI cards (or their cardboard lookalikes) to be issued by the PM are there at the venue. The PMO does nothing more than request that the process be given priority or expidited of whatever (In short just send memos).The consulates have to do nothing more than receive the instructions and follow them.
So as you can see it is not a question of co-ordination at all.There is one specific department in one specific ministry that has to work at this stage to get OCI off the ground.
I hope some visiting delegate at PBD asks the PM upfront why has the implementation taken so long and what message is being sent to the world with this lacksidical attitude.

The PMO is taking charge of the whole thing, it was the PM's initiative to make the key modifications, he is the driver, the PM is releasing statements, and the PM will issue the first certificates.

“It should happen soon because Prime Minister Manmohan Singh himself is very keen and there is a lot of pressure from the PMO, but we have not got the administrative modalities in place yet,” said a diplomat. http://dnaindia.com/report.asp?NewsID=1004957&CatID=9

The MOIA implemented the legislation (their name is on it), and it is the responsibility of that department to coordinate the government to make the system work, not MHA. The Minister of OIA is the owner of the initiative and makes numerous press statements.

The MHA is responsible for processing and security, and will own the OCI card.

The MEA is critical in the whole affair. They set policy for the consulates, they are the people who will accept the applications, they are the ones that require training, and it is their U-visa which is the really useful bit of OCI. They interview candidates, and they will process OCI going forward, as well as deliver the cards and visa.

In practice this means that without the involvement of various bureaucrats in all departments, the OCI can not be implemented. The Cabinet asked MOIA to implement a smart card, MHA said no - impractical. PMO wants it now, MEA doesn't know what to do. MEA in some consulates is (or was) accepting applications, MHA doesn't know what to do with them. MHA said OCI is operational, few MEA consulates are accepting them. The PBD lobbied for full dual citizenship, the Govt failed to implement. The MOIA and MEA were ready to go and told the public so, the MHA had not produced tamper-proof certificates. The MOIA releases new operational date - they fall flat on their face because MHA and MEA aren't ready. The MOIA said US$275, the MEA set the exchange rates to up to 2x this mandate. MHA has a web site for applications, MEA applications don't coordinate with it (no ref numbers etc).

PBD is the shareholder, PMO is the chairman of the board, Cabinet are the directors, MOIA is the CEO of the initiative, MHA is GM of production and MEA is GM of sales and distribution. All need to work together to make this work - and guess what? It is not working!

 

[nilaish]

Newbie

Hi,

New to the forum and really appreciate all the information that is here.

Couple of questions:
1. If you are a current Indian citizen and hold assets in India, like property (maybe even Agricultural) or LIC Policies or stocks / Mutual Fund investments etc. What happens to those when they accept Citizenship from another country and get an OIC?

2. If you accept OIC and are a citizen of another country like USA or Canada or UK, and working in there, do you still need to pay taxes in India ?

3. People working in both countries..Example, people who are business owners in both countries? How do taxes apply to them?

Thanks & Best Regards,
nilaish

 

[msappa]

Holding Agricultural property

Hi,

Do any body have an idea on what are the restrictions on holding Agricultural properties? I have seen this statement about OCI - "(iii) Parity with NRIs in financial, economic and educational fields, except in the
acquisition of agricultural or plantation properties.". Not sure what the restrictions are. Is a person with OCI not allowed to acquire the above said properties? What happens if the person owns property before becoming a foreign citizen? Any clarifications are appreciated. Thank you.

Regards,
-Murali

 

[PIO1]

Hi,

Do any body have an idea on what are the restrictions on holding Agricultural properties? I have seen this statement about OCI - "(iii) Parity with NRIs in financial, economic and educational fields, except in the
acquisition of agricultural or plantation properties.". Not sure what the restrictions are. Is a person with OCI not allowed to acquire the above said properties? What happens if the person owns property before becoming a foreign citizen? Any clarifications are appreciated. Thank you.

Regards,
-Murali

Basically if you are an NRI, OCI or PIO, acquiring or selling agricultural property is frowned upon. The RBI web site has some good FAQs on this. If you held aggricultural property and were resident in India, you can continue to hold after losing citizenship and sell it to a citizen. OCI legislation confers no agricultural rights to the holder, and is equivalent to PIO in this regard.

http://www.rbi.org.in/scripts/FAQView.aspx?Id=33

 

[PIO1]

Hi,

New to the forum and really appreciate all the information that is here.

Couple of questions:
1. If you are a current Indian citizen and hold assets in India, like property (maybe even Agricultural) or LIC Policies or stocks / Mutual Fund investments etc. What happens to those when they accept Citizenship from another country and get an OIC?

You need to check with your adviser/accountant lawyer - LIC may have specific Ts&Cs. NRI citizens lose a lot of rights simply by moving out of the country. Citizenship does not change things so much, because you are still a PIO. Non citizens can continue to hold property provided they were resident citizens when they acquired it. Check out the RBI FAQs. http://www.rbi.org.in/scripts/FAQView.aspx?Id=33 and others.

2. If you accept OIC and are a citizen of another country like USA or Canada or UK, and working in there, do you still need to pay taxes in India ?

Taxes are due to residency. This is a tricky one - check with accountant. Most western countries require you to pay taxes if you have been resident for 6 months or more in a financial year. There are tax treaties with India, so they let you pay the indian govt taxes on income from other countries - you do not need to pay twice.

3. People working in both countries..Example, people who are business owners in both countries? How do taxes apply to them?

Again you really need an accountant. Entities need to pay taxes in the local country of incorporation - dividends and sallary are considered income as per your question (2)

 

[mangal969]

Hi,

New to the forum and really appreciate all the information that is here.

Couple of questions:
1. If you are a current Indian citizen and hold assets in India, like property (maybe even Agricultural) or LIC Policies or stocks / Mutual Fund investments etc. What happens to those when they accept Citizenship from another country and get an OIC?

2. If you accept OIC and are a citizen of another country like USA or Canada or UK, and working in there, do you still need to pay taxes in India ?

3. People working in both countries..Example, people who are business owners in both countries? How do taxes apply to them?

Thanks & Best Regards,
nilaish

Better you consult a professional on these matters but according to what i know:
1.You can hold your LIC,MF,shares and non agricultural land, but with change of status (from RI to NRI).Agricultural land,i honestly dont know.

2&3.You will need to pay taxes in India for whatever you earn in India.If you take an OIC, you do not have to pay any tax on income earned in the US/UK.If you are a US citizen you have to pay tax on your global income but you will get credit for income for which the tax was paid in India...Basically you will not face double taxation in most situations.

 

[rajudm]

inheritance...

It is reasonable to assume that OCI cannot own agricultural land. (to protect farmers/farming community). What if by the virtue of inheritance agricultural land comes to an OCI. Can the inherited land be transferred to OCI?

I also need a clarification on other issue (non-agricultural land): mother holding a Power of Attorney on residential sites, can she get the property registered to son holding OCI.

This should be possible since OCI is not buying property!!

 

[mangal969]

It is reasonable to assume that OCI cannot own agricultural land. (to protect farmers/farming community). What if by the virtue of inheritance agricultural land comes to an OCI. Can the inherited land be transferred to OCI?

I also need a clarification on other issue (non-agricultural land): mother holding a Power of Attorney on residential sites, can she get the property registered to son holding OCI.

This should be possible since OCI is not buying property!!

As far as i know:

Agricultural land is somewhat of a grey area.You definitely cannot buy any,but current holdings/inheritance issues have not been clarified as yet.

Once you have an OCI you can own property.So the mother can transfer the property to the OCI holding son.Power of Attorney issues are best tackled with a lawyer.

 

[PIO1]

Friends - please read my posts above, the RBI makes it VERY clear - it is really simple and straight forward. NRIs, PIOs and OCIs are treated similarly...

Please read this RBI FAQ (and others) and all your questions will be answered - it is really very comprehensive.


http://www.rbi.org.in/scripts/FAQAcquisition.aspx

Q.9. Can a person resident outside India (i.e. a NRI or a PIO or a foreign national of non-Indian origin) acquire agricultural land/plantation property/farm house in India by way of purchase?


A.9. No. A person resident outside India cannot acquire by way of purchase agricultural land/plantation property/farm house in India.


Q. 12. Can a person resident outside India (i.e. a NRI or a PIO or a foreign national of non-Indian origin) acquire agricultural land/plantation property/farm house in India by way of gift?


A. 12. No. A person resident outside India cannot acquire agricultural land/plantation property/farm house in India by way of gift.



Q.46. Can NRI who had acquired immovable property viz., residential/commercial property/agricultural land/plantation property/farm house in India while he was a person resident in India continue to hold or transfer such immovable property? In which account the sale proceeds may be credited?


A.46. Yes, under the provisions of Section 6 (5) of the Foreign Exchange Management Act, 1999 NRI who had acquired immovable property in India while he was a person resident in India may continue to hold such property. Under the general permission available he may transfer by way of sale or gift agricultural land/plantation property/farm house in India to a person resident in India who is a citizen of India and may transfer by way of sale or gift residential/commercial property in India to a person resident in India or to a NRI/PIO. The sale proceeds may be credited to NRO account.


Q.47. Can a PIO who had acquired immovable property viz., residential/commercial property/agricultural land/plantation property/farm house in India while he was a person resident in India continue to hold or transfer such immovable property? In which account the sale proceeds may be credited?


A.47. Yes, under the provisions of Section 6 (5) of the Foreign Exchange Management Act, 1999, PIO who had acquired immovable property in India while he was a person resident in India may continue to hold such property. Under the general permission available he may transfer agricultural land/plantation property/farm house in India by way of sale or gift to a person resident in India who is a citizen of India and residential/commercial property in India by way of sale to a person resident in India and way of gift residential/commercial property in India to to a person resident in India or to a NRI/PIO. However, if a PIO is a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan he should seek prior approval of Reserve Bank for transfer of such immovable property in India. The sale proceeds may be credited to NRO account.

Q. 22. Under general permission available to whom can NRI/PIO transfer by way of gift agricultural land/plantation property/farm house in India?


A.22. Under the general permission available NRI/PIO may transfer by way of gift agricultural land/plantation property/farm house in India to a person resident in India who is a citizen of India.


Q.23. Can a foreign national of non-Indian origin resident outside India transfer by way of gift agricultural land/plantation property/farm house acquired by him in India?


A.23. No. A foreign national of non-Indian origin resident outside India would need to seek prior approval of Reserve Bank for transfer by way of gift agricultural land/plantation property/farm house acquired by him in India.

Q.19. Under general permission available to whom can NRI/PIO transfer by way of sale his agricultural land/plantation property/farm house in India?


A.19. Under the general permission available NRI/PIO may transfer by way of sale his agricultural land/plantation property/farm house in India to a person resident in India who is a citizen of India.

Q.20. Can a foreign national of non-Indian origin resident outside India transfer by way of sale agricultural land/plantation property/farm house acquired by him in India?


A. 20. A foreign national of non-Indian origin resident outside India would need to seek prior approval of Reserve Bank for transfer, by way of sale, agricultural land/plantation property/farm house acquired in India.

Q.13. Can a person resident outside India (i.e. NRI or PIO or foreign national of non-Indian origin) hold any immovable property in India acquired by way of inheritance from a person resident in India?


A.13. Yes. A person resident outside India can hold immovable property acquired by way of inheritance from a person resident in India as per the provisions of Section 6(5) of the Foreign Exchange Management Act, 1999.


Q.14. Can a person resident outside India (i.e. NRI or PIO or foreign national of non-Indian origin) hold any immovable property in India acquired by way of inheritance from a person resident outside India?


A. 14. With the specific approval of Reserve Bank ... etc

 

[PIO1]

It is reasonable to assume that OCI cannot own agricultural land. (to protect farmers/farming community). What if by the virtue of inheritance agricultural land comes to an OCI. Can the inherited land be transferred to OCI?

So if you accept the RBI's statements (see above post) - you can hold ag land as a OCI/PIO/NRI. You can acquire it by inheritance, but not by purchase or gift (unless you were a resident citizen when you acquired it). You can pass it on to a resident citizen of India.

I also need a clarification on other issue (non-agricultural land): mother holding a Power of Attorney on residential sites, can she get the property registered to son holding OCI.

This should be possible since OCI is not buying property!!

Residential or commercial property can by transfered from a Citizen/NRI/OCI/PIO to any Citizen/NRI/OCI/PIO.

As for the PoA, you need to check the Ts&Cs of that PoA and ensure that it is binding and legal - but if it is there should be no problem. Best to involve a legal expert in this.