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Inheritance and Gift in India and Outside India

Technically, any individual is entitled to receive, including by inheritance, property situated in India regardless of his residency or citizenship. But – and here is the problem – the transfer of ownership, and the holding of the property, must adhere to the Foreign Exchange Management Act (FEMA). According to FEMA Regulation 2000, a nonresident who is a citizen of India can only transfer properties to (a) a resident of India, (b) a citizen but not a resident, and (c) a non-resident of Indian origin. Nonresidents of Indian origin (i.e., not citizens) may in contrast only transfer properties to residents. Non-Indians may only receive Indian properties if they are residents of India.