Buying farmland is generally off-limits under FEMA, but inheritance is a recognised pathway. The honest detail.
Published 2025-12-04, Updated 2026-07-01, By Shree Editorial Desk
Quick answerWhile FEMA generally prohibits NRIs and OCIs from purchasing Indian agricultural land, inheritance is a recognised route: an NRI or OCI can generally inherit agricultural land from a person who was resident in India. This is one of the genuine, lawful pathways by which NRIs come to hold Indian farmland. However, the specifics, who you inherit from, holding and future-sale implications, and repatriation of any eventual proceeds, are fact-dependent and need professional advice. This article explains the general position honestly, without turning a nuanced legal area into a workaround.
Purchase vs inheritance
The FEMA restriction is specifically about acquiring agricultural land by purchase. Inheritance is treated differently: an NRI or OCI can generally inherit agricultural land, typically from a person resident in India.
What this does and doesn’t mean
It is a genuine pathway to holding farmland, not a loophole for buying it.
Who you inherit from matters; the rules are specific.
Future sale and repatriation of proceeds carry their own conditions.
Don’t improvise
Because inheritance touches succession law, FEMA and tax at once, this is exactly the kind of area where improvising is risky. Get advice specific to your family situation before relying on it.
Where we fit
We review each NRI’s situation in a consultation and, where a genuinely compliant pathway exists, document it properly. See our NRI hub and repatriation & FEMA page. This article is general information, not legal advice.
SH
Shree Editorial Desk
Shree Properties & Projects, editorial
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