I am writing to seek clarification regarding the eligibility of an OCI cardholder, who is also a Person Resident in India under FEMA, to acquire agricultural land in India.

I was born in India in 1976 and was an Indian citizen by birth, acquired Irish citizenship in 1989 and subsequently obtained an OCI card in 2006. I have been in full-time employment and continuous residing in India since 1996 and is considered resident under both the FEMA and the Income-tax Act.

I understand, an OCI who qualifies as a FEMA resident in India should, in principle, not be subject to FEMA restrictions on the acquisition of agricultural land.

1.   Whether an OCI cardholder who is a resident in India under FEMA is permitted to acquire agricultural land in India, given that they are not a "person resident outside India".

2.   Whether the restrictions under FEMA Notification No. 21/2000-RB apply to such an individual like me, or whether they are treated on par with Indian citizens for property transactions due to their resident status under FEMA.

3.   Whether there are any clarificatory circulars, notifications, or precedents issued by the Reserve Bank of India that specifically address the acquisition of agricultural land by OCI cardholders who are FEMA residents in India.

I would be grateful for your response to ensure that any proposed transaction is fully compliant with applicable FEMA regulations and does not violate any restrictions.

Given the complexity arising from multiple FEMA notifications, FAQs, and judicial precedents—including the Delhi High Court’s, affirmation of penalties for contraventions and Section 7B provisions of Citizenship Act, I seek your guidance how to seek clarification from RBI on a OCI who is  “person resident in India” and the blanket restriction on OCIs acquiring agricultural land.