How can OCI holder transfer farmland bought under brother-in-law?

I own a piece of farmland in Uttar Pradesh. Although I paid for it, the land is in my brother-in-law's name because he qualified for allotment under a government scheme. I am an OCI. How can I transfer the land into my name? I heard it is possible if my brother-in-law gifts it to my mother, and then I inherit it through a Will. Is that true?

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Advocate By LEAD INDIA Answered: 01 May 2025

Since the land was allotted to your brother-in-law under a government scheme, direct sale might not be allowed. However, if he gifts it to your mother, and she later wills it to you, it's legally safer. But as an OCI, you cannot inherit agricultural land in India, only residential or commercial. Consult a local lawyer before proceeding. For further legal assistance contact us on our helpline number.
 

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