Property in Kashmir:

Rules For Buying A House In Jammu And Kashmir

Buying A Property In Jammu And Kashmir 

The Centre has put Jammu and Kashmir on the real estate map of India by enabling any Indian citizen to buy land in the union territory where non-residents could not own immovable property till a year ago.

The word "permanent resident of the state" was removed from Section 17 of the Jammu and Kashmir Development Act by the government on October 27, when it published the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020. This section concerns the sale of land. 

Previously, only permanent residents of Jammu and Kashmir were allowed to own a residence there. However, non-residents can again invest in Jammu and Kashmir once the special status is revoked in 2019. As a result, the States have become a promising real estate market.

The real estate potential in Jammu and Kashmir has increased thanks to the relaxation, which is good news for the hotel and tourist industries. It would be unlikely to see a significant increase in prospective land purchasers in the area during the uncomfortable dispute between the people and the government. The increased demand for residential lands in Jammu and Kashmir, however, is anticipated to have a significant positive impact on the local population once the situation returns to normal.

Changes In Land Laws

• Jammu And Kashmir's Land Laws Prior To The Loss Of Special Status

In accordance with the special status enjoyed by Jammu and Kashmir, "permanent residents" of the state reserved certain rights, including the right to own land in the former state, and Indian citizens outside the state were not permitted to purchase land there.

Prior to August 2019, land rights in Jammu and Kashmir were protected and guaranteed under Article 35A. According to the following four land laws, these permanent inhabitants enjoyed sole possession of the following lands in Jammu and Kashmir:

1. The 1938 Jammu and Kashmir Land Alienation Act
2. Abolition of Big Landed Estates Act of 1950
3. Act of 1960 authorising land grants in Jammu and Kashmir
4. Agrarian Reforms in Jammu and Kashmir Act of 1976

1. Rules For Buying A House In Jammu And Kashmir
   Buying A Property In Jammu And Kashmir  The Centre has put Jammu and Kashmir on the real estate map of India by enabling any Indian citizen to buy land in the union territory where non-residents could not own immovable property till a year ago. The word "permanent resident of the state" was removed from Section 17 of the Jammu and Kashnmir.
   
   

• Land Laws Changed In J&K After Article 370 Was Repealed

Now, all current laws no longer grant permanent residents this particular status. Both the Big Landed Estates Abolition Act and the Jammu and Kashmir Alienation of Land Act have been repealed. Sections of the Jammu and Kashmir Land Grants Act and the Jammu and Kashmir Agrarian Reforms Act that govern the lease and transfer of land have also been amended to remove the "permanent resident" requirement.

The Jammu and Kashmir Development Act of 1970 was used to amend the aforementioned acts. According to the new legislation, "development zones" that are declared by the government will not be governed by any current land laws.

Agricultural Land Can Be Sold Or Repurposed With Govt Permission

Land laws changed in J&K after Article 370 was repealed. Now, all current laws no longer grant permanent residents this particular status. Both the Big Landed Estates Abolition Act and the Jammu and Kashmir Alienation of Land Act have been repealed.

Sections of the Jammu and Kashmir Land Grants Act and the Jammu and Kashmir Agrarian Reforms Act that govern the lease and transfer of land have also been amended to remove the "permanent resident" requirement.

The Jammu and Kashmir Development Act of 1970 was used to amend the aforementioned acts. According to the new legislation, "development zones" that are declared by the government will not be governed by any current land laws.

Non-Agriculturists Should Use The Land For 5 Years

According to the guidelines, any non-agriculturalist to whom land has been given may use it solely for non-agricultural purposes and must use the land only for such purposes within five years of receiving it.

The government has stated that this time may be extended with its approval for a longer period of up to two years in exchange for the payment of a penalty equal to 1% per month of the land's worth determined using the announced stamp duty rates that apply to such land.

What Is Unacceptable In J&K?

Jammu and Kashmir’s political parties have branded the revisions to land ownership rights "unacceptable."

Omar Abdullah, vice president of the J&K National Conference and a former chief minister, claimed that the decision would affect small landowners.

Unacceptable changes have been made to J&K's land ownership legislation. Even the tokenism of domicile has been eliminated when purchasing non-agricultural land.

Frequently Asked Questions

1. Is Article 370 removed from J&K?

The revocation of Article 370 was passed with an overwhelming majority of support in the Indian parliament. It has attracted the support of not only Hindu nationalist parties such as the BJP but also many other Indian political parties that typically oppose the BJP.

2. What is J&K IDC?

J&K IDC stands for the Jammu and Kashmir Industrial Development Corporation. The J&K IDC is responsible for land acquisition and the establishment of industries and industrial areas/estates in J&K.

3. Can outsiders buy land in Jammu & Kashmir?

Any Indian citizen can buy land in Jammu and Kashmir, except agricultural land.

4. Who can buy land in Jammu and Kashmir? 

As per the new guidelines issued by the Ministry of Home Affairs, a domicile or a permanent resident certificate is not required for purchasing non-agricultural land in Jammu and Kashmir.

5. Can NRI buy land in Kashmir?

As an NRI buying real estate in India, you have the freedom to buy almost any type of property. NRI and PIO purchases of residential and business properties are permitted as long as the process adheres to FEMA (Foreign Exchange Management Act) guidelines.

6. Who can buy property in Jammu and Kashmir?

Furthermore, following the reorganisation of the state into two Union Territories, Jammu and Kashmir and Ladakh, the amended land laws have done away with the restrictions on the purchase of farmland by non-Jammu and Kashmiri agriculturists. Also, there is no restriction on the area being used for housing or shops.