04/06/2019
Can Non-Resident Buy Property in ?
In Uttarakhand, there are some restriction pertaining to purchase of agriculture land or land not within any municipal area by non-Uttarakhand residents. The land purchase prohibition does not apply to projects where the layout or plan has been approved by a competent development authority.
If you are not from Uttarakhand, you can buy non-municipal area land up to "250 square meter for residential purpose in his lifetime without the permission". There's no limit on purchase of land within existing municipal areas such as towns.
The Uttaranchal (The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950) (Adaptation and Modification Order, 2001) (Amendment) Ordinance, 2003 which became the Uttaranchal Act No. 29 of 2003 (“Amendment Act”).
Section 154(3) was added by the Amendment Act which restricted sale of land by a ‘bhumidar’ “to any of the categories of tenure holders in the State of Uttaranchal as mentioned in section 129 or such owner of any immovable property in Uttaranchal who has acquired it on or before 12-09-2003, or to any member of the ‘family’….”
Furthermore, the newly inserted Section 154(4)(1)(a) provided that a non-tenure holder or a person not owing property before "12-09-2003" may purchase land not exceeding 500 sq. mts. in his lifetime without the permission (of the Government). This limit was reduced to 250 sq. mts. by an amendment in July 16, 2007. The amendment also added the words ‘for residential purpose’ after 250 sq. mts. Therefore, the law now reads: ‘250 sq. mts. for residential purpose in his lifetime without the permission.’
However, the restriction applies only to agricultural land or land outside municipal/cantonment limits. “It extends to the whole State of Uttaranchal except the areas included and may be included from time to time in any Municipal Corporation, Nagar Panchayat, Nagar Parishad and Cantonment Board Limits.” The prohibition applies only to purchase in excess of 250 square meters. The prohibition applies if a non-tenure holder or a person not having property in Uttarakhand on or before 12-09-2003 buys property, agricultural or in areas outside municipal limits, for non-residential purposes.
The prohibition is not absolute and only requires permission from the Government, i.e. the District Magistrate, to purchase land beyond the limits or requirements of the Amendment Act. There is no prohibition on purchase and sale of residential and commercial properties within municipal limits.
Also, the newly inserted Section 154(4)(2) provides exemptions for transfer of land in favour of various categories of persons and bodies.
Two such exemptions:
“(d) a person who proposes to purchase land from a person in whose favour a layout plan has been approved by the competent authority;
(e) a person or company according to Industrial Policy of Uttaranchal in (i) integrated Industrial Development Centre (ii) Industrial Area (iii) Industrial Estates.”
Furthermore, there are several kinds of investment which can be made with permission from the Government.
