Certain types of land should be avoided when purchasing property in India:
1. Regulated archaeological land near protected monuments is subject to construction restrictions up to 200 meters from the protected area and requires a license from the Director-General for any building.
2. Under the PTCL Act, lands granted to scheduled castes and tribes by the government cannot be purchased, as the original owner can reclaim the land without compensation to the purchaser.
3. Foreigners and non-resident Indians cannot purchase agricultural land in India, as approval from the Reserve Bank of India is required but rarely given. Some states further restrict agricultural land purchases to local farmers only.
1. "LAND YOU SHOULD NOT BUY"THINGS TO KNOW BEFORE YOU BUY THESE LAND
Lesson #3
2. Archaeological Survey of India - Regulated land
Regulated Area: Regulated area means an area near or adjoining a protected
monument which the central Government has, by notification in the official
gazette, declared to be a regulated area.
Extent of area regulated: The Central Government has declared up to 100
meters from the protected limits to be prohibited area and further beyond it
up to 200 meters to be regulated area for purposes of both mining operation
and construction.
Is construction allowed?: Except under and in accordance with the terms
and conditions of a licence granted by the DirectorGeneral, no construction
shall be permitted in the regulated area
3. PTCL Act,1978 (Scheduled Castes & Scheduled Tribes)
The ACT: "An Act to provide for the prohibition of transfer of certain lands
granted by the government, to persons belonging to the scheduled castes and
scheduled tribes in the state, which means any land granted to the landless
agricultural laborers belonging to scheduled castes and scheduled tribes,
cannot be purchased. Anyone who purchases such a property, will not get
clear and marketable title; such property will be eventually acquired by
Government and returned to the original owner without any compensation
to the purchaser."
The problem lies in the fact that when the grantee goes to sell the land which
he is not supposed to the Govt officially accepts it as a legal sale.
Later the grantee goes back to the Govt and claims this land back. The law then
says the land has to be returned to the grantee without any compensation.
4. Agricultural Land
Foreigners cannot buy agricultural land in India. This is applicable to all of
India. No state in India allows foreigners to buy agricultural land
Nri’s cannot buy agricultural land in India. Yes! all over India as above.
Approval is required from the Reserve bank of India which one can assume
is not easily available and this would depend on individual circumstances.
Furthermore, some State governments in India have rules that allow only
farmers to buy agricultural land in their State and this restricts even
Indian citizens from buying agricultural land