Who Can Buy Properties in Himachal Pradesh?

January 22, 2024 madhyam

Himachal Pradesh, often referred to as the Land of Gods, is not only a haven for nature lovers and adventurers but also a burgeoning hub for real estate investment. However, the question “Can non-Himachali or any Indian buy property in Himachal Pradesh?” often puzzles many. This blog aims to clarify the eligibility criteria, and legal aspects, and introduce two exquisite property options available to all Indian buyers.

Who is Eligible to Buy Property in Himachal Pradesh?

Understanding who can invest in Himachal’s real estate is crucial. The state’s policies cater to different categories of buyers:

Permanent Residents: Those who have lived in Himachal Pradesh for a specific duration can buy both agricultural and non-agricultural land.
Non-Resident Indians (NRIs): NRIs can invest in residential, commercial, or industrial properties but not agricultural land.
Other Indian Citizens: Residents of other Indian states can purchase pre-constructed properties like houses and apartments in urban areas, but are restricted from buying agricultural land.

The Legal Framework and Restrictions

The Himachal Pradesh Tenancy and Land Reforms Act governs property purchases in the state. Key aspects include:

Section 118: Non-residents need state government permission to buy property, with ownership rights limited to the structure, not the land.

Benami Transactions: Illegal transactions where properties are bought in a resident’s name on behalf of an outsider are strictly prohibited

Introducing Tara Devi Enclave and Apas Valley Homes

Tara Devi Enclave: This luxurious township in Shimla offers a range of apartments and duplexes. Located 4 KM away from Mall Road, it provides easy access to Shimla’s attractions. The enclave features 1 BHK apartment and larger 2 BHK, 3 BHK, 5 BHK, and 6 BHK options, up to 3269 sq. ft, along with grand duplex and triplex units.

Apas Valley Homes: Situated in SanainGhati, Tehsil Theog, Apas Valley Homes is a testament to luxury living amid nature. Spanning 3 acres and comprising 50 suite-style residences, it offers spacious 1 BHK apartments, each 840 sq. ft, blending modernity with natural beauty.

Property Purchase Process and Considerations

To purchase property in Himachal Pradesh, one must:

Understand the Restrictions: Be clear about the type of property you can buy based on your residency status.
Seek Legal Assistance: Given the complexities, it’s advisable to consult with a real estate lawyer or professional.
Conduct Due Diligence: Verify the property’s ownership, and title, and ensure it’s free from disputes or legal issues.

The Allure of Himachal’s Real Estate

Himachal Pradesh’s diverse locations, from Shimla to Manali and Dharamshala, offer unique opportunities for residential and commercial investments. Factors such as tourism, local industries, and educational institutions drive the growth potential in these areas.

Key Takeaways

Non-residents, including NRIs and other Indian citizens, can invest in non-agricultural properties in Himachal Pradesh.
Legal procedures and eligibility criteria must be carefully considered and adhered to.
Tara Devi Enclave and Apas Valley Homes are prime examples of properties available for all Indian buyers.

Investing in Himachal Pradesh’s real estate is an opportunity filled with potential, provided one navigates the legal landscape with clarity and caution. Whether it’s the serene ambience of Apas Valley Homes or the luxurious appeal of Tara Devi Enclave, the state welcomes all Indian buyers to own a piece of its heavenly abode. As you consider your investment, remember the importance of legal due diligence and the unique beauty and opportunities that Himachal Pradesh offers.

1. Can non-Himachali residents buy property in Himachal Pradesh?

Yes, non-Himachali residents, including other Indian citizens and NRIs, can buy non-agricultural properties such as apartments, houses, and commercial buildings in Himachal Pradesh. However, they are not allowed to purchase agricultural land.

2. What are the legal requirements for buying property in Himachal Pradesh as a non-resident?

Non-residents must obtain permission from the state government under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act. This involves providing necessary documents, meeting eligibility criteria, and sometimes paying applicable fees.

3. Are there any specific properties in Himachal Pradesh that are open to all Indian buyers?

Yes, properties like Tara Devi Enclave and Apas Valley Homes are open to all Indian buyers, including non-Himachali residents. These properties offer various residential options like 1 BHK, 2 BHK, and 3 BHK apartments, as well as luxurious duplexes and triplexes.

4. What is the significance of the Bonafide (Domicile) Policy in Himachal Pradesh?

The Bonafide (Domicile) Policy in Himachal Pradesh grants certain privileges to individuals who have resided in the state for a specific duration. This policy plays a role in property purchase eligibility, particularly for agricultural land.

5. Can NRIs buy agricultural land in Himachal Pradesh?

No, NRIs are not allowed to buy agricultural land in Himachal Pradesh. They can only invest in residential, commercial, or industrial properties.

6. Is it necessary to hire a legal expert to buy property in Himachal Pradesh?

Considering the legal complexities and due diligence required, it is highly advisable to seek guidance from a real estate lawyer or a legal expert when buying property in Himachal Pradesh.

7. What are benami transactions, and are they legal in Himachal Pradesh?

Benami transactions refer to the practice of buying property in the name of someone else, usually a resident, to bypass restrictions. Such transactions are illegal in Himachal Pradesh and can lead to serious legal consequences.

8. Can Indian citizens from other states buy pre-constructed properties in Himachal Pradesh?

Yes, Indian citizens from other states can purchase pre-constructed properties like houses and apartments in the urban areas of Himachal Pradesh.

9. Are there any size restrictions on residential properties for non-residents in Himachal Pradesh?

The Himachal Pradesh Land Reforms Act does not impose a size restriction on residential properties for non-residents as long as they meet the other eligibility criteria and legal requirements.

10. What factors should be considered before buying property in Himachal Pradesh?

Prospective buyers should consider legal due diligence, land use and conversion regulations, infrastructure and amenities in the area, natural hazards, and environmental factors before making a property purchase in Himachal Pradesh.