103. Purchase property in Himachal

Pradesh

Q. Dear Mr. V.K. Chand, I received your contact from OCI India Site. I am a Canadian citizen and OCI holder. I am planning to buy a flat at Shimla or surroundings at H.P. What are the legal requirements or restrictions, if any, around this - my main question being am I legally entitled to buy a flat at Himachal? I will sincerely appreciate to receive your feedback on this. Regards, Mr. P. Chatterjee Answer: Under the Government of Himachal Pradesh laws, only permanent residents of Himachal Pradesh can buy land in the state. All others who wish to purchase land for projects such as building houses and bungalows are required to seek relaxations under Section 118 of the Land Reforms and Tenancy Act from the HP government. In 2006, rules were slightly relaxed to allow Non-Himachal residents to purchase land in certain areas of Himachal for industries and to private builders to develop housing projects. Non-Himachal resident Indian citizens can purchase properties only from authorized licensed builders. Permissions by the Himachal government are considered on a case by case basis. Indian news media widely reported in 2007 that the Himachal Pradesh government had given permission to Priyanka Gandhi Vadra a non-Himachal resident to build in Himachal Pradesh. Regarding your question about the legality of buying a flat, there is no circular, that I am aware of that clearly states that OCI holders can buy flats in Himachal Pradesh. There may be many property dealers who try and sell by taking bribes and perhaps hiding citizenship status when filling documents. In such cases the buyers are always on shaky ground. You should be able to find useful information from the Himachal Pradesh Housing & Urban Development Authority about buying properties in Himachal Pradesh. Here is a link to their WEBSITE Update: For those who are interested, CLICK to view article on Priyanka’s Shimla house published in the Indian Express on August 27, 2011