Readers
Questions/Answers Page
Thirteen
 Information
provided is for general knowledge only and should not be
deemed to be professional advice. For professional
advice kindly consult professional immigration advisors
or tax consultants depending on your personal situation.
This website is a one person operation, Please spell
check your questions as I normally just cut and paste
questions from emails. Answers to most questions asked
are usually posted within five days. Answers are posted
on this website and no personal emails are sent. |
Email questions to: V. K. Chand at:
question@nriinformation.com
Answers are normally posted in five days.
OCI Holders Studying in India
Q: Sir,
I have read your very informative advise on NRI issues and would
request for your advise on:
--My daughter is registered as an OCI and studied Class 10th and
Class 12th in India itself.
While applying for Graduate Studies in India can she
apply/appear for entrance exam as an Indian National,
alternatively under what category can she apply.
Kindly advise asap as she has to apply for her graduation
studies in India.
Thanks
Asha
A:
When filling forms in India for purposes such as school and
college admissions, employment etc where citizenship information
is requested, it is sensible for OCI holders to state that
they are foreign passport holders with OCI status.
OCI holders are not Indian Citizens. In fact to get OCI one
must be a
foreign citizen.
Perhaps some OCI holders pass themselves off as Indian
citizens as no one bothers to check passports at educational
institutions. However this is not legal. Many educational
institutions in India now have a question on admission forms
asking for citizenship status of applicants.
Foreigner Inheriting Property in India
Q: Sir
I would like to know if a British citizen can own inherited
property in India.
My brother in law was of Indian origin settled in UK for last 40
yrs. He passed away a year and half ago. Can his inherited
property be tranferred to his British wife? please let me know.
Thank you.
Anali
A: Yes, a British citizen can inherit property in India. You should consider contacting the Indian consulate for guidance.
Q: Dear Mr. Chand, enjoy reading your website and your Q/A pages. I have a simple question, can OCI holders also use the RTI to find out information or is this only for Citizens of India.
Harsh Patel
A: The Supreme Court way back in 2007 was of the opinion that an Overseas Indian Citizen (OIC) is entitled to seek information from the authorities under the Right to Information Act. Here is a link to a Times of India article regarding this topic
OCI Keeping Agricultural Land in India
Q: Hi, I am planning to take OCI card and based on the information on your site, citizens of other countries holding OCI card of India cannot purchase agricultural land. I am currently an Indian citizen and I already own agricultural land, inherited from grand father. What happens in this case, when I take the OCI ? Do I have to give up the land ? Please advice.
Thanks
Shri
A: Your ownership of agricultural land you already own by way of inheritance should not change when you become an OCI status holder.
Buy Land to Build House in India
Q: Hi, I am an OCI holder for Indian visa and just wanted to know if I am able to by property in India. I generally visit India on a yearly basis but wanted to know if I can actually purchase land and build a house for personal use.
Please advise.
Thanks
Punita Vekaria
A: Yes, as an OCI holder you can purchase land and build a house in India. A word of caution though, buying land in India not easy. Even local Indian citizens find themselves cheated and often helpless when buying land that is sold to them and in most cases they loose their money and don't get possession of the land. So take proper precautions when buying land in India.
Name Change for OCI Holder
Hello Sir,
I am an Indian Citizen and my Wife is a USA citizen (and OCI card holder). We are currently residing in Pune, India.
We intend to change my wife's name to post marriage name on all her official documents. WE HAVE THE MARRIAGE CERTIFICATE.
******************* Query *********************
1) Since we are in India currently, can we go ahead and change the name in the India documents mentioned below ?
In the future when we go to USA, we would then change the name in US documents.
IS IT LEGAL to have such scenario wherein some documents would have different name than other documents. The joining link between these documents would then be the marriage certificate.
2) The US passport has a OCI visa sticker. Now if we change the name on the OCI booklet, how do we go ahead and change the name on the OCI visa sticker in the US passport, since we are not changing the name on the US passport ?
A: Having a different name on your 'Visa' and 'Passport' can lead to serious issues and cause problems you may want to avoid. Travel or entry can be denied in such cases and you should proceed with caution and make the change in a legal manner.
The OCI Visa is pasted on your US Passport and the name on the 'Visa' and Passport must match to be valid. You cannot get one changed and not the other.
I suggest you contact the US Consulate in Mumbai about name change on passport and the Foreigners Registration Office (Mumbai) for information on the procedure to change the OCI visa sticker.
Here is the link to the US Consulate in Mumbai http://mumbai.usconsulate.gov/
The FRRO office in Mumbai is located on the 3rd Floor, Special Branch Bldg, Badruddin Tayabji Lane. (Behind St. Xavier's College)
Address on Pan Card
Q: I am NRI with OCI card living abroad. When I was in India I invested in mutual funds with my savings account and Pan card issued in my residential address in India. Now I don't know how to change the card with my abroad address . If it is not changed and I keep it as it is, could I face any problem? Please help me in this kind. Whether I can change or not. I am keeping my saving account for depositing the Indian currency.
Thanks in advance and looking forward yr reply.
radja
A: If you check your Pan Card you will find there is no address on pan card, only your name, your father's name and date of birth, PAN cards carry no address of the holder of PAN card, your PAN card is valid regardless of where you live. If you want the tax department in India to correct your address in their records from abroad, I think you can use the online service and make the required changes by visiting https://tin.tin.nsdl.com/pan/index.html
Readers comments & feedback. Post your comment or answer a question . . .
Bosco Fernandes
2010/12/2 5:47 am
My brother who lives with me in Australia is an Australian
citizen, but he does NOT have an Australian Passport. His Indian
passport expired before he bacame an Australian citizen. He does
not keep well and therefore does not travel. He now wants to
apply for a PAN card as he has some of his father's shares in
his name. The PAN card application for Foreign citizens proof of
Identity requires that he produce his passport. Could you please
advise what other document he can produce instead of a passport.
Thank you
Renu Malhotra
2010/12/8 6:44 am
Hi Bosco,
Foreign Citizens applying for a PAN from overseas can use a copy
of any other National ID attested by the Indian Consulate in
their country of residence. Any government issued photo ID
perhaps will be accepted.
Suresh Patel
2011/2/6 4:44 am
I, a former citizen of India, am a US citizen since 1973. I
visit India every year. I am planning to get OCI card. I am
considered farmer as my name is in Land Records by virtue of
haridity since the land belonging to my father passed on to me
and my brothers. Is it legal for me to purchase additional
agricultural land? Can I convert it to non-agricultural use to
develop a modern Retirement Retreat and lease the land to the
new private limited company which will manage the Retirement
Retreat for its 108 owners?
D Duabus
2011/2/10 2:05 pm
please advise if pakistani born British Nationals can inherit
property in India? Thanks
meera
2011/2/12 11:20 am
Inheriting property in India and transferring proceeds to USA.
My mother passed away recently. We have a registered will that
is clear, saying I inherit the property. Mutation is complete.
Can I sell the property and transfer the funds to USA. My bank
says that the will must go through Probate so that funds can be
transferred overseas. This is an uncontested will. Please help.
I have OCI.
priya
2011/2/13 9:37 am
i took the oci in india and i entered in india on entary visa i
want to stay more time i need to give the information to high
commission or any where in india
SAM 2011-09-12 15:51:43
hi I WAS BORN IN INDIA BUT AMA US CITIZEN WITH OCI CARD. CAN I
BUY SOME LAND 1-2 ACRES TO BUILD A HOUSE LATER. WILL IT BE
CONSIDERED AGRICULTURAL LAND. HOW BIG SHOULD BE THE LAND TO CALL
IT AGRICULTURAL? PLEASE REPLY
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