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Agricultural Land Laws for NRIs
1. Meaning of Benami Property
- Any asset held in someone else's name, while the actual payment was made by another person, constitutes a benami property.
- The person in whose name the property is registered is called the benamidar.
- Beneficial owner means the real payer or the person who receives the benefit of the property.
- The term applies to: Land, plots, buildings, Farmhouses, vehicles, jewellery, cash, shares, financial assets
2. Why Benami Transactions Are Prohibited
These Benami properties are used to:
- Conceal illegal revenues
- Hide assets
- Evade taxes
- Invest black money in real estate.
3. Types of Benami Transactions
A transaction may be benami if:
- Property is in some other person's name, yet money is provided by some other person.
- The owner denies knowledge of the property.
- The actual source of the funds remains hidden.
- A fictitious name or identity is used in the transaction.
4. What is not Benami
Certain genuine situations are exempt, such as:
- Property held in the name of a spouse or child
- Property held for the benefit of a Hindu Undivided Family.
- Assets held by a trustee, company director, or partner on behalf of the organization.
- Property acquired through known and legal sources of income with proper documentation.
5. Important Provisions of the Benami Property Act
All benami transactions are strictly prohibited.
Authorities are empowered to:
- Investigate
- Attach property
- Freeze transfers
- Confiscate assets
- The law applies to both:
- The nameholder (benamidar)
- The beneficial owner -actual payer-
6. Penalties for Benami Transactions
Penalties under the law are stringent:
- Rigorous imprisonment from 1 to 7 years.
- A monetary penalty of up to 25% of the fair market value of the property.
- For furnishing false information or misguiding the investigations, end
- Imprisonment of between 6 months and 5 years.
- A fine of up to 10 per cent of the property's fair market value.
7. Consequences for Individuals
If involved in a benami deal:
- You lose legal ownership of the property.
- Confiscated property is taken by the government without compensation.
- Both parties can face jail and fines: the real owner and the nameholder.
- Even unknowing participation may lead to investigations and legal problems.
8. Why Understanding Benami Laws Matters
- Prevents buying property that might thereafter be seized.
- Helps in ensuring that real estate transactions are clean, transparent, and compliant.
- Safeguards residents and NRIs from fraudulent or illegal dealings.
- Essential for safe investing in land, plots, and property in India.
Conclusion
Laws on benami property in India are designed to ensure transparency and prevent real estate from being misused for illicit financial dealings. Any property bought in someone else's name, when not clearly, legally, and documentedly justified, can be classified as benami. The penalties are strict, and the government has strong powers to investigate and confiscate such assets. It is very important for every buyer, investor, and especially NRIs who wish to invest in Indian property to understand these rules.
Land Fragmentation Reform of Maharashtra, 2025: A BIG BOOST FOR LEGAL LANDOWNERSHIP!
Key Highlights of the 2025 Amendment
- The Maharashtra Government formulated an important ordinance, which dealt with changing the Tukde Bandi Kayda with a aim towards more control in land subdivision.
Crackdown on Illegal Fragmentation
– This update will involve increased monitoring in land registration to ensure there is no sale of illegally fragmented agricultural lands.
Streamlined Registration Process
– New measures that make it easier to register land parcel ownership, ensuring that subdivisions can be traced legally.
Regularisation of Old Land Deals
- There are 49 lakhs of land parcels, and the state aims to address these, which were earlier stagnated due to restrictions on land fragmentation.
– Such changes are aimed at making sure the land records are up to date and that there is no uncontrolled fragmentation of agricultural land.
Improved Transparency for Buyers
- With clear regulations and regularisation in place, it is easy to confirm ownership and prevent illegal practices under the current system.
For safe and verified land buying, contact Genuine Plots.
Investment opportunity at Pune: Pune is a safe haven where one can expect appreciation along with good growth in
NRIs can buy residential and NA plots in the Pune district legally.
Top Investment Zones: Talegaon, Shirwal, Hinjewadi Phase 3, Pir
Always verify the sale deed, NA order, and 7/12 extract before purchasing a plot.
Prefer to stay in a gated environment with security arrangements.
Still have doubts? You can contact Genuine Plots for safe buying.
Eco-village concepts are popular for NRI weekend stays & retirement plans.
Ensure the project land type is NA-converted, not purely agricultural.
Check for amenities: solar, water, internal roads, security, and farming activities.
Look for RERA-registered eco-projects near major cities like Pune & Mumbai.
Still have doubts? You can contact Genuine Plots for safe buying.
NRIs cannot buy a farmhouse on agricultural land, but can buy:
Villa plots
NA farmhouse plots
Weekend home plots
Ensure the project is in the Residential/Agri-Residential/NA Zone.
Check for proper mutation entries and fencing.
Still have doubts? You can contact Genuine Plots for safe buying.
Telangana follows central FEMA rules—
NRIs cannot directly purchase agricultural land, plantation properties, or farmhouse plots.
Only resident Indian citizens are eligible to buy agricultural properties.
NRIs can inherit but cannot buy agricultural lands.
If you still want to have farmland, you should consider the 'Converted (NA)' or 'Farmhouse' plots because they are available for legal purchase.
Due diligence is essential because the titles, permits, and other regulations regarding the land should be checked.
Still have doubts? You can contact Genuine Plots for safe buying.
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