buying land in Kerala with fiancé

happy

Hi there,
Myself and my other half are planning on getting married next year around September. I'm Irish and he is from Kerala. I met his family only recently. Just back from Kerala this weekend myself. Lovely place

We want to move there to be near his parents as they are getting older now, and we have found some land we can purchase between us. However, I am aware that I have no rights to the property (not owned by me) by putting money in, isn't that correct? I am Irish after all and not married. Does this change things when we do get married? ie does the property automatically become ours legally speaking can anyone tell me?
i would really appreciate any comments on this.

Many thanks in advance...

Brisso

You'll get all sorts of advice here, but the only credible advice will come from a solicitor experienced in such matters ...

pontesnm

I am Indian and have been married to an American woman (albeit one who was born in Peru) for 15 years and I have seen lots of cross cultural marriages.

1) If you give your fiance the money and he buys the property then it is his period.
2) I do not know if you can jointly own property since you are not an Indian citizen nor of Indian descent (consult an attorney who is familiar with the Indian Central (Federal) govt rules on foreigners jointly owning property with Indian citizens.
3) If you jointly own the property (and that is a big IF) as tenants in common then both would need to agree to dispose of the property; if you moved back to Ireland you would be leaving that property behind most likely without any compensation (Oh you would still own the property but not be able to use it!).

You are putting the cart before the horse. First you need to see how to get a visa to stay in India. Then you need to decide what you are going to do in India. Next you have to see whether you and your husband prefer living in India versus Ireland. Finally the assumption that your inlaws want their foreign daughter in law to look after them may be unfounded.

Put off buying real estate until you are married for a few years. You have a lot to take care of until then!

capt_mahajan

Second pontesnm absolutely.

I am far from an expert but as a foreigner I doubt you can buy joint property with your husband. I suspect you would have to go the PIO/OCI route for that, others may confirm this.

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vdvoort

I made some inquiries myself about buying property in India (I'm Dutch), wanting to buy a piece of land for starting a small restaurant, buy a house in Jaipur and to get a residence permit. Consulted the Chamber of Commerce, a chartered accountant and a lawyer about this. First advice: the easiest and best way is to marry an Indian national and become an Indian citizen (well, that's not an option for me) and second: if you want to buy property, you can, provided you buy it with an Indian partner. The official government website however mentions you can't own/buy property when only having a tourist visa (and till now that's what you have I suppose?). It's quite confusing!. So probably you won't have a (legal) problem buying property once you're married to your 'Kerala' other half; but I don't know about Indian law, meaning if you'll then have the same rights to the property (owner-wise, like 50-50) as your (soon to be) husband. Maybe others can help you with this.
Anyway, I took the 'risk', am the co-owner (at least I think ;-) )of a small restaurant in Jaipur, with an Indian partner, have the deed with lots of stamps on it (impressive!), and when registering it no one asked me what kind of visa I had.
Official is official, the law is the law, and......India is India.
Wish you all the best.

Enjoy!

capt_mahajan

Happy, maybe you should read the following huge threads:

Note, they pertain to Goa, but the same, or very similar, rules apply throughout India

Foreign owned property in Goa, (Part One)

Foreign owned property in Goa, (part Two)

Nick-H

Hmmm... I was going to say the same!

We went the easy route: the house is in my wife's name.

Marriage and a PIO card will simplify stuff for you, but they will not issue a PIO card until you have been married for one year (not law, as I understand it, so you will hear of exceptions, but policy).

Citizenship is not easily obtained by marriage: you would have to live here quite a few years (I forget the number) and then apply. OCI is not an option for you.

One point that many Goan buyers are discovering is that just because the registrar registers the deal does not make it legal!

machadinha

I was reading just shortly ago about favorable ownership rights to women. I think this was about Goa, where something of a semi-matriarchal system would then be in place.

I'm not suggesting this would apply to OP as a foreigner and all the impossible intricacies it brings with it. Just curious. And no, Happy, don't use this to get your hopes up: By all accounts all of this is very very difficult.

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Anders

Honestly, I think the best advice is: Don't bring any money to India that you can't afford to walk away from.

happy

Thanks Nick-H
And to everyone else here who kindly responded.
Very much appreciated.

I have heard about the PIO card, not alot mind you...but can you tell me please if I can still get this PIO card 1 year after marriage even if we are not living in India?
We may not get to move over to Kerala just yet. Buying land is one thing. We have to build a house on top of that after that and sell what we have here in Ireland before moving over. All takes time.
As for putting the money in myself, I guess the property is his then. But I suppose we could come up with some kind of an agreement in case anything were to happen like unfurtunate events would not want to bare thinking about, but you just never know do you? What about a will? Do you think that is a good idea?
Many thanks
Happy

capt_mahajan

Yes, the property belongs to whoever's name it is registered under. Not that you can't contest your interest, but it may take 20 years in India to do that, and you will probably still lose in court.


For example, the apartment I live in is in my wife's name. Even after all these years I could not stop her from legally selling and walking away with the money, even though the money to purchase the apartment came from me, and can be traced to be so.

Other agreements... don't know what you mean, but if it is a prenuptial kind of agreement I would suspect it is unusual in India and may not be enforceable, but you would have to consult a lawyer.

My advice? Do not buy property unless you are absolutely and legally entitled to do so , and then have it registered in your name (if most or all of the money is coming from you)

Do keep in mind that just registration of the property in your name is not enough, as some in Goa are finding out to their cost. You must be legally entitled to do so. Looks like you will need a good, independent lawyer in any case.


Even a joint registration can be problematic in the event of the unfortunate events you don't want to think about- it is very difficult for a foreigner to have to manage legal issues in India, even if a visa or a PIO card permits you to stay in the country to do so.


Your will pertaining to the property is meaningless unless the property is in your name. If you mean the husband to be's will, well, wills can be revoked or changed.

Nick-H

Considering the potential unfortunate...

I think it is possible to have a nomination in the deed of who shall take control of the property in the event of death, but this can be superceded by a will.

Not that anyone is thinking about anything other than many happy years of life here --- but although a non-resident foreigner may not buy land in India, they can, I think, inherit it.

Yes you do not have to be here to get a PIO card: it is not about living in India, it is about having the right to come and go, with no other visa, as you please, for its 15 year duration, with no limit on your length of stay.

machadinha

Just bear in mind that under less drastic circumstances, couples breaking up may suddenly develop a lot less goodwill towards one another than they had going for so long.

happy

Hi Capt,
Of Course! your right...I didn't think thoroughly through on that end of things regarding the will! Of course it would be meaningless without my name on the property. Stupid me!!
It's so strange not being able to buy the property together like the way we can here in Ireland
I guess it's just something I have to live with. Not the end of the world eh?
I suppose it's just that I saved for years and was planning on using that money as more like money we would need for our future, but not by giving it away in one go on land alone. I never imagined that. I thought that would be on a loan basis like a mortgage, you know?
It's a big committment I feel, giving away the money to a property I cannot even register as my own. But hey,I'm marrying him next year, my soul mate, love of my life (I'm getting all soppy now )property might be under his name, but it will be ours really, just not on paper

happy

thanks Nick-H,
Interesting...so do you know what happens after the 15 years are up on the PIO card? We will still be married and what if we are living in India or want to travel to India? What then? Do I get a new PIO card?