In India, there are certain states and Union Territories (UTs) where people from outside/other regions cannot buy land and properties. There are some states which allow outsiders to purchase residential homes but not agriculture land. Actually, these rules were introduced while recognising the needs of people living in various regions and inhabiting them.
At different times in past, after much deliberations, elected assemblies of some states set restrictions on buying property or land by outsiders through enacting special provisions in their land laws.
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In states like Himachal Pradesh, Uttarakhand, Sikkim, Meghalaya and Nagaland, people from outside of these states are either partially or fully barred from acquiring land and properties even today.
Himachal Pradesh: Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act puts restrictions on the transfer of land to a non-agriculturist through sale, will, exchange etc. Section 118, however, has provisions through which after seeking the government approval, an outsider is allowed to buy both land and property in the state. It must be mentioned here that ‘land’ here refers to occupied land or let for agricultural purposes. A prospective land buyer needs to apply, state the purpose for which the land is intended to be bought, and the state government then takes decision after verifying all credentials.
Nagaland: Article 371A of the state’s Constitution bars non-residents from buying land. Its law allows acquisition of land only by tribals who are residents of the state.
Sikkim: Article 371(F) gives special provisions to Sikkim, which prohibits sale and purchase of land or property to outsiders. Only residents of Sikkim are allowed to buy land in the Himalayan state, and only tribals can buy land and property in the tribal areas. Outsiders, however, are allowed to buy land, but for setting up industrial units.
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Arunachal Pradesh: Sale of land or property to outsiders and non-tribals is not allowed in Arunachal Pradesh. Until recently, even the indigenous tribals had no right over land as an individual and the land was owned by communities.
Jharkhand: Section 46 restricts transfer of land belonging to Scheduled Tribes/Scheduled Castes and Backward Classes in the state. But the categories of people mentioned above may transfer their land through sale, exchange, gift or will to fellow community members and residents of their own police station area.
Uttarakhand: In 2003, the Uttarakhand government came up with an Act which says outsiders can buy only 250 sq metres of agricultural land for residential purposes.
Actually, the scrapping of Article 370 in Jammu and Kashmir has turned the spotlight on many states which have their own set of rules regarding the land sale and purchase.
The Centre made it possible for people outside Jammu and Kashmir to buy land there, which was not allowed earlier. Previously, the Jammu and Kashmir Alienation of Land Act prohibited the transfer of land to outsiders. Now, this Act has been made invalid through the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fifth Order, 2020, which means that people from other parts of the country can purchase land.
