OCI Status Benefits Overview & Nativity Certificate

by | Jan 5, 2024 | Indian Law, Indian Law Weekly Round-Up, NRI Legal Services, OCI, Power of Attorney

OCI (Overseas Citizen of India) status is a highly coveted status for people of Indian origin who live abroad. The Indian government offers this status to individuals who can prove their Indian ancestry making them eligible to apply for the status from their country of location.

This status comes with a number of key uses and benefits in terms of Indian assets.

Obtaining an OCI status can be a cumbersome process due to the regulatory and documentary requirements.

Individuals must possess the relevant documents to establish their Indian origin to be considered eligible for the status. Failure to meet the eligibility criteria may result in missing out on the subsequent benefits of the status.

In this article, we provide a helpful overview of how a Nativity Certificate may assist in obtaining OCI status in lieu of other documents, while also taking an overview at some of the benefits that come with obtaining OCI status.

OCI Status Benefits Overview & Nativity Certificate

Key Benefits OCI Status

1. One of the most significant benefits of OCI status is that it enables individuals to purchase property in India without having to obtain prior permission from the Reserve Bank of India. This means that individuals with OCI status can purchase residential or commercial property in India with some ease.

2. Additionally, OCI status also enables individuals to inherit property in India without any restrictions. This can be a major advantage for those with family property in India. OCI status holders also have the right to repatriate the proceeds from the sale of Indian property, subject to certain conditions.

3. OCI status also allows individuals to open bank accounts in India and invest in the stock market and mutual funds, among other financial opportunities. This can be a major advantage for those looking to invest in India and take advantage of the country’s growing economy.

4. Furthermore, OCI status also offers a number of other benefits, including eligibility for a visa-free entry into India, the ability to apply for an Indian driving license, and the right to work in India without needing a work permit.

Nativity Certificate In OCI

A nativity certificate is a legal document that certifies a person’s place of birth and their nationality. In India, the process for obtaining a nativity certificate can vary based on the state or union territory in which the individual was born. 

Issued Within India

The Nativity Certificate can only be issued from within India by the local authorities in compliance with the regulations of your location. It cannot be obtained from outside India.

To be eligible for an NC, an individual must follow the due process as prescribed by the authorities.

Obtaining an NC Overview

In general, the first step in obtaining a nativity certificate is to submit an application to the local government authority responsible for issuing such certificates.

This may be the local panchayat, municipality, or municipal corporation, depending on the area.

Information & Documents

The application form typically requires the following information:

  1. Name of the applicant
  2. Date of birth
  3. Place of birth
  4. Names of parents
  5. Address of the applicant
  6. Residential proof
  7. Any other supporting documents as required
Additional Documents

Subsequently, the applicant may also need to provide additional documentation to establish their place of birth or nationality. This may include a birth certificate, school records, or a passport.

Once the application and supporting documents are submitted, the local government authority will review the application and verify the information provided. If everything is in order, they will issue the nativity certificate to the applicant.

Estimated Time

The time taken to process the application and issue the certificate can vary depending on the state or union territory and the workload of the issuing authority. It is advisable to check with the local authorities to determine the specific requirements and processing times for obtaining a nativity certificate in a particular area.

(NC) Issuing Authorities

Similarly, the NC may be issued by the following authorities:

  • The Revenue Department of the State Government where the person was born issues the Nativity Certificate to prove that the person was born in a particular state or district in India.
  • The issued certificate proves that the person was born in a particular state or district in India.
  • Also, it can be issued by other local authorities such as, local panchayat, municipality, or municipal corporation, depending on the area.

Establishing Person of Indian Origin via (NC)

The Nativity Certificate is obtained on fulfilling the necessary requirements in the relevant jurisdiction. It can be be issued to a person of Indian origin. A person of Indian origin may be a foreign citizen. The certificate can be helpful for those that want to establish his or her roots in India.

The certificate can be used to prove the place of birth of the person’s parents or grandparents in India. This may help an individual to apply for Overseas Citizenship of India and obtain an OCI status.

OCI status does hold a number of benefits, such as,

  • The ability to travel to India without a visa.
  • Exemption from registration with the Foreigners Regional Registration Office (FRRO).
  • And the ability to purchase property and open bank accounts in India.

In short, the Nativity Certificate can be useful for foreign citizens of Indian origin. Specifically, those who want to establish their roots in India and avail various benefits provided by the Indian government.

In the next section, we look at some common scenarios faced by foreign citizens in establishing proof of Indian origin.

Typical Documentary Issues Faced In OCI Proof of Indian Origin

Establishing proof of Indian origin can be challenging due to several factors.

Many Indian-origin individuals did not maintain important documents like certificates and old passport copies, making it difficult to provide the necessary evidence. It is possible that this circumstance is merely a result of the nature of that particular period.

Additionally, the migration of Indians to countries like Africa, the UK, and the USA may have resulted in the loss of particular documents, especially in the first and second generations of family members. 

Here are some examples:

  • My parent(s) moved abroad after the partition in India and do not have copies of birth certificates.
  • My grandparents have other Indian documents but no birth certificates, born in 1930’s.
  • My parents had Indian passports and are now foreign nationals etc

It is recommended to follow the documentary guidelines and fulfill eligibility for the OCI application prior to applying. This would ensure that your application is in accordance with the Indian government requirements. Therefore, substantial delays and possible non approval may be avoided.

Lastly, individuals should note that, once an OCI appointment is confirmed, other documents may be requested by the authorities – High Commission of India.

An illustrative image of Indian property made of Indian paper rupees on a white background.

Summary

Overall, there are a number of key uses and benefits of having OCI status, particularly in relation to Indian property. With the ability to purchase property with ease, inherit property without restrictions, and invest in the Indian economy.

The OCI status is a highly advantageous status for those of Indian origin living abroad.

For individuals who do not have particular documents in accordance with the requirements of the application, a nativity certificate may be helpful.

It is important to note that obtaining a nativity certificate in India is dependent on being able to provide other necessary Indian documents, as discussed in the previous sections of this article.

Can we help

We may be able to assist for property matters in India subject to your circumstances and location of matters. Please don’t hesitate to contact us for further information.

Related Services

Power of Attorney for Indian property and assets, POA.

Foreign Citizen Permanent Account Number, PAN.

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