NRIs can acquire farmland via inheritance

 







As you qualify as a resident and ordinarily resident (ROR) in India for the financial year 2020-21, you will be taxed on the worldwide income in India, and you are required to report all foreign assets in the India income tax return. Also, the income earned from such foreign assets during the relevant year along with the nature of income and head of income under which such income has been offered to tax in the India income tax return needs to be reported in relation to each foreign asset.

Under the exchange control law, non-resident Indians or foreign passport holders are prohibited from acquiring agricultural land in India. However, as an exception, a non-resident Indian (a person resident outside India who is a citizen of India) or an Overseas Citizen of India (OCI) cardholder can acquire any immovable property in India (including agricultural land) by way of inheritance from a person resident in India

Assuming your brother is an OCI cardholder, and your father is a person resident in India, your brother may inherit agricultural land from your father. However, your brother will be able to transfer such agricultural land only to a person resident in India.


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