Land in Uttaranchal - is it possible for OCI/PIO to buy?

anar

i am british of indian origin - would it be possible for me to buy land in uttranchal? i heard there are restrictions on buying land in himachal and wondered if this was true in uttranchal as well. also, how does one go about purchasing land there - are there estate agents' offices in say, dehradun? anyone with any idea please help.

cooksisters

Hi Anar,
It all depends on what sort of Indian citizenship you currently hold -- If you have the new grey passport that the Indian embassy is handling out at Aldwych (dual citizenship of sorts) or a PIO card then you can buy property but you cant buy or won agricultural land -- as that is illegal.

there are lots of estate agents in Dehradoon-- largely foccusing on the Doon valley.

cheers
CS.

crvlvr

I'd like to know more about these grey passports. I thought the OCI was just a card like the PIO..

cooksisters

Well now once you have your British citizenship -- you automoatically lose the Indian citizenship -- so unless you are happy with a PIO card you ought to apply for the greay passport like thing they are handing out in the name of dual citizenship.. and a poor dual citizenship it is !!! Can't vote, can't own agricultural land and other small hiccups!!

crvlvr

ok.. that explains it..-

Nick-H

I think there is some confusion.

There is only one kind of true Indian citizenship. Indian citizens travelling abroad will hold an Indian passport. India does not allow Dual Citizenship, and anyone becoming a naturalised Indian citizenm is required to renounce citizenship of any other country.

However, with the wish of making its large diaspora feel more connected to their roots, India introduced first, the PIO Card and, more recently, OIC (Overseas Indian Citizenship).

The PIO Card carries benefits such as parity with NRIs on purchase of 'immovable property', and visa-free entry into India. It is valid for 15 years, but can only be used in conjunction with a valid passport.

OIC goes a little further, and is valid for life. 'dual citizenship of sorts' yes; not really dual citizenship at all (as that is not allowed) but a further attempt to make its far flung people feel part of the family.

Neither of these is a 'passport' and the person's passport will be that which goes with their nationality.

For further information see various discussions in the passport and visa section of Indiamike, but most of all, see the High Commission of India, London's website and the various websites of the Indian Ministry of Home Affairs and Immigration Department . There is a link to a PDF comparing NRI, PIO and OIC status (and other PIO information links as well) on this MHA page

Nick-H

That's because it isn't really dual citizenship! Or a passport!

And the PIO 'card' is actually just like a small, grey passport booklet --- I don't know what the OIC thingy looks like...

CORRECTION... Having just taken another quick look at at some of the MHA stuff, I think Cooksister's phrase dual citizenship of sorts sums it up better than I thought: they actually do use the phrase dual citizenship and it is dependent on the country of the applicant's current nationality allowing dual citizenship.

And that's after explaining that the Constitution does not allow dual citizenship.

Confusing?

anar

thanks for the replies - however, my question pertains more to whether there are restrictions imposed by the state government of uttranchal on non-residents of uttranchal to purchase residential, non-agricultural/non-commercial land (to build myself a two-room house, for christ's sake - nothing more!). apparently, non-himachalis are forbidden to buy land in himachal and definitely, non-kashmiris are not allowed to do the same in kashmir.

i have bought land in india in the past (five years ago, after consulting with my lawyer and bank manager) and it has not been an issue. if i had sat around waiting for the government to issue me with grey cards and pio cards and what have you, i'd still be waiting to realise my plans - sometimes, you just have to go ahead and do things - the rest follows. especially in india!

Nick-H

...Actually, if your paperwork is clear, they can be very quick, especially in London: if I were you I'd just apply for the OIC anyway. I think you can even do it online! When it comes it comes! ---and no more queueing for visas etc etc.

Interesting side issue discussion on the PIO/OIC anyway.

But sorry we haven't been able to help (so far) on the specific state. Maybe someone will be along.

capt_mahajan

On the particular state: Uttaranchal: Indian residents can only buy 2 nallis (one nalli is about 200 odd square yards) there.
I guess, that if you are eligible, similar rules would apply to you, too.

I know people (husband and wife) who have bought about 750 sq yards together without problems.

Plus, of course, there are hordes of zoning and ecological restrictions, as usual.

The best way to do this is to land up and look around yourself. Property developers ask for crazy rates.

There is a thread here, 'what can I buy for 5 lacs', which will be very useful as a start.

__________________
.
Outside the machine

anar

i would love to own a small house in or around landour - with a view of the mountains! does anyone have any idea about buying property in this state? costs involved? better to buy a ready to move in place or build one from scratch? very keen on gardening. any help/info would be appreciated.

Dilliwala

I mean this in the best poss way - Forget it. U will only lose your sanity if u don't. There are so few properties in Landour (the Cantonment) anyway, and none which can be built new upon, that the no. of sales per decade can be counted on two hands, if not one.
As regards around, u'll be probably stuck with what some developer has built. Best is to take a trip there and look.

Other than that, the thread "What can I buy for 5 lakhs" has a LOT of info on buying land in UA.

Dilliwala

Here's what the Indian HC, London has to say on the subject:

"As per the Exchange Control Manual of Reserve Bank of India (RBI), foreigners desirous to acquire properties in India are required to take prior permission from RBI. Besides, the current Indian visa regime does not have any provision like ‘right to abode’ or ‘right to settle permanently’ in India without acquiring Indian Citizenship.

Only such foreign nationals who have been registered as PIOs or OCIs for which they will have to submit proof of “PlO card” or “OCI Registration Certification” issued by competent authority under Central Govt or Indian Missions/Posts abroad are allowed to acquire properties other than agriculture and plantation, at par with NRIs.

Foreign national who is a person resident in India can purchase immovable property in India but the person concerned would have to obtain the approvals, and fulfil the requirements if any, prescribed by other authorities, such as the concerned State Government, etc. However, a foreign national resident in India who is a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan would require prior approval of Reserve Bank of India. Such requests are considered by Reserve Bank in consultation with the Government of India."

That is the English language version. If u want the Officialese version, which is also the authentic and ONLY legal/official statement on the subject, in more detail, read this:
Foreign Exchange Management (Acquisition and transfer of immovable property in India) Regulations, 2000

anar

crikey, i had beter get myself a pio card in a hurry! (where would i even begin to look for one?)

thanks a ton, dilliwalla, for your generous help. i too had planned to come and look around for myself - just thought i'd get a general idea to begin with.

with the help of indiamikers, i now know that it is possible for non-uttaranchalis to buy a certain amount of land (2 1/2 beegha or nallis, whatever that means - anyone care to enlighten please?), that once this small amount has been purchased, i would have the right to buy more land!

dilliwalla, since you are an authority on the region, would you be able to give me some idea of costs involved? i would really appreciate this.

anar

i have looked up the link above and found so much information, i am overwhelmed! great to be a part of this site.