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Q.

I have a piece of Land ( Farmland) in Uttar Pradesh. Though I paid for it, it is in my brother-in-law's name. Since he could get the allotment under a govt scheme. How do I transfer it to my name ( I am OCI)? I heard it is possible for my brother-in-law gifted it to my Mother and I can then inherit it by a Will.

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To transfer the ownership of the farmland in Uttar Pradesh, you need to follow a few steps. Firstly, you need to check if the land is registered in your brother-in-law’s name. If it is, then you need to get the land transferred to your mother’s name by executing a gift deed. The gift deed should be signed by your brother-in-law and your mother, and it should be registered with the Sub-Registrar of Assurances. Secondly, after the land is transferred to your mother’s name, you can inherit it by a Will. Your mother can make a Will in your favor, and after her death, you will become the owner of the land.

Please note that as an OCI, you need to obtain prior approval from the Reserve Bank of India (RBI) to purchase agricultural land in India. Also, the Uttar Pradesh government has extended a scheme that allows transfer of property to blood relatives for a registration fee of Rs 5,000. This scheme is applicable for transfers to immediate family members, including sons, daughters, fathers, mothers, husbands, wives, daughters-in-law, real brothers, sisters, sons-in-law, and grandchildren. You may want to consider this option as well.

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