What Is Section 118 and Why It Matters for Buying Land in Himachal Pradesh?

If you are thinking of buying land or property in Himachal Pradesh, you may have heard about Section 118. But what exactly is Section 118? And why is it so important for property buyers?

In this blog, we explain in simple language what Section 118 means under Himachal Pradesh law, how it affects land transactions, and why every buyer should know about it before purchasing property.

What Is Section 118?

Section 118 is a part of the Himachal Pradesh Tenancy and Land Reforms Act, 1972. This law regulates the buying and selling of agricultural land in the state.

Section 118 specifically deals with the prohibition of transfer of agricultural land by non-Himachali persons without permission.

Why Was Section 118 Introduced?

Himachal Pradesh is a hilly state with limited agricultural land. The government wants to protect its farmers and residents from losing their land to outsiders.

Section 118 was introduced to:

• Prevent non-residents from buying and owning agricultural land without permission,

• Preserve the land for local farming communities,

• Avoid land speculation and illegal transfers.

What Does Section 118 Say?

In simple terms, Section 118 says:

• No person who is not a permanent resident of Himachal Pradesh can buy or transfer agricultural land without prior permission from the government.

• Any transfer of agricultural land without this permission is illegal and void.

• This rule applies to all agricultural land, including farmland, orchards, and plantations.

Who Needs Permission Under Section 118?

• Non-Himachali individuals or companies who want to buy agricultural land in Himachal Pradesh.

• Even Himachali residents need permission if they want to transfer land to a non-Himachali.

What Happens If Someone Buys Land Without Permission?

• The sale will be considered null and void.

• The land may be reverted back to the government or original owner.

• The buyer risks losing the money spent on the purchase.

• Legal action can be taken against the parties involved.

How to Get Permission Under Section 118?

If you are a non-Himachali and want to buy agricultural land, you must:

1. Submit an application to the Deputy Commissioner (local government authority),

2. Provide details about yourself, the land, and purpose of purchase,

3. Wait for the government to verify and approve your request.

Permission is granted only in certain cases where it is justified, such as:

• If you are married to a Himachali resident,

• If you plan to develop the land for approved commercial or tourism purposes,

• Other special conditions as per government policy.

What Land Does Section 118 Cover?

• Agricultural land: farmland, orchards, gardens, plantations,

• Land classified as agricultural in government records.

Section 118 does not apply to:

• Non-agricultural land (such as commercial or residential plots in cities),

• Land owned by the government or local bodies.

Why Is Section 118 Important for Buyers?

• It helps you avoid illegal purchases that can be cancelled later,

• Protects you from wasting money on property you cannot legally own,

• Ensures the transaction follows state laws and government policies.

How to Check If Section 118 Applies to Your Property?

• Ask the seller for the land classification certificate from local revenue authorities,

• Consult with the Deputy Commissioner’s office about the land type,

• Seek help from a legal expert who can verify if permission under Section 118 is needed.

What Are the Risks of Ignoring Section 118?

• Your sale deed may be cancelled by courts,

• You may face legal disputes and harassment,

• You lose ownership and investment,

• You may be unable to register or sell the property later.

How Barowalia & Associates Can Help

We have in-depth knowledge of Himachal Pradesh land laws including Section 118. We offer:

• Expert advice on land classification and Section 118 rules,

• Assistance in applying for government permissions,

• Checking all property documents for compliance,

• Helping you avoid illegal land deals,

• Representing you in case of disputes or legal issues.

Conclusion

Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act is a crucial law protecting local land ownership. If you are a non-Himachali or planning to buy agricultural land, understanding Section 118 is essential.

Always ensure you have the necessary government permissions before buying agricultural land in Himachal Pradesh.

For safe and legal property transactions, contact Barowalia & Associates. We guide you through the entire process, so you can invest in Himachal Pradesh property with confidence.

Please share this blog to help others understand the importance of Section 118. For personalized legal assistance, get in touch with us today!