Legal Advice

Buying property in Kerala is a significant milestone, whether you’re investing for the long term or purchasing a dream home for your family. But the process involves more than just choosing a location and negotiating a price — understanding the legal aspects is crucial to protect your investment and avoid future disputes. Consultation with an advocate in realty sector is crucial before you buy a land or property. They have the knowledge and expertise to verify all relevant documents regarding the land/property and ensure its legal from all aspects. Our legal advisors are qualified in all areas of property law and are there to help you avoid future risk / disputes and also to protect your interests at every step, from making an offer to getting the keys of the door.

keralarealestate.com provide Legal Services through our Lawyers experienced in realty sector provides fast and economical advice on property laws in Kerala, without lengthy delays and high cost. There are numerous land laws in Kerala and each property may have hundreds of legal impediments on records. It is essential to have clear title over the property, proper statutory compliance with various revenue records to ensure that the proposed property is legally compliant.

A buyer should exercise utmost caution while buying a property in Kerala, be it for residential or commercial interests. Before buying a land, a number of checks needs to be done to confirm that the land has a clear and marketable title. The first thing is to find out the tenure, legal right of the holder of the land in government records. The tenure or possession right could be freehold, leasehold or may be held under a government grant. The seller should provide all the necessary documents to the buyer in order to Identify the nature of the property; whether it is residential/commercial/industrial or agricultural, and it is freehold or leasehold.

Legal right of the holder of the land in government records, Tenure, etc. are important thing in a property. If you are applying for a loan; most of the banks send the documents to their legal advisers for legal opinion. If the Title deed is not clear then no bank will offer loan against the property. Documents relevant to the Land / Project / Building / Apartment are important documents for scrutiny.

In Kerala, all documents related to the Transfer which is of any type - Sale, Gift or Lease of immovable properties are mandatory to be registered under the Indian Registration Act 1908.

A document for the purpose of registration has to be prepared by a competent person like lawyer or licensed document writer along with all supporting documents and has to be produced before the Sub-Registrar office. Document has to be prepared in the stamp paper of sufficient value in par with the value of the property being transferred. The person who is transferring the property has to be physically present before the Sub-Registrar at the time of Registration. The registration fee payable to the government in addition to the stamp duty also has to be remitted at the Sub-Registrar office.

Properly drafted documents and updated knowledge of administrative orders are high requisite for hassle free registration process. So highly qualified person is essential for property dealings. 

Our experienced lawyers are here to help you. They only require relevant documents and a brief background of the land/property to date to give you an accurate legal opinion. Through our extensive panel of professional consultants, we are equipped to provide unbiased and clear advice, at a fixed price.

Land documents that you should check before you buy land / property in Kerala

1. Conveyance Deed or Sale Deed - Title Deed

This is a deed document executed by seller and buyer. By this, the title of property is \'conveyed\' by the seller to the buyer. Conveyance is the act of transferring ownership of the property from a seller to the buyer. The first step is to see the title deed of the land which you are going to buy. Confirm whether the land is in the name of the seller and that the full right to sell the land lies with him only and no other person. It is better to get the original deed examined by legal advisors. Along with the title deed, the buyer can also demand to see the previous deeds of the land available with the seller.

2. Previous document

This document issued by the Sub Registrar's office mentions the names of the sellers & buyers of the property, for which the document is registered.

3. Basic Tax receipt issued from land revenue department.

This document issued by the concerned land authorities contains details like survey numbers, area, and date - from which current owner is registered as owner and Is the mutation effected or not in his name. Sometimes the owner may not have the tax receipt with him, in such cases, contact the village office with the survey no. of the land and confirm the original owner of the land.

4. Encumbrance certificate

Encumbrance means the charges or liabilities created on a particular property, whereby it is held as a security for any debt of its owner which has not been discharged as on date. The certificate can be obtained from the concerned Sub-Registrar Office on an application in a prescribed form provided by the authorities. In the normal course it will take around 2 weeks for obtaining the certificate. Government Authorities and Financial Institution like bank, etc... demand 13 years of encumbrance. There will be a nominal fee to obtain depending upon the number of years. In an emergency there is a provision for paying “extra fees" for getting it immediately. This certificate will show the genuineness of owner’s title. In normal case the certificate will be full proof document, but there can be clerical errors from the Sub-Registrar Office and our advisors can check this error. Therefore, it is always advisable to inspect the property personally and to verify and confirm that the original title documents are available with property owner. Some additional safeguards like paper notification, searching in jurisdictional courts for any pending cases would be useful.

5. Possession certificate:

It can be obtained from the village office concerned. To obtain this certificate an application on white paper affixing the required court fee stamp addressed to the Village Officer concerned has to be submitted. There will be no fee obtaining for it. The Possession Certificate will prove the present possession of the property concerned as on date. On verifying the relevant documents and site inspection of the applicant by the Village Officer, he will certify with his signature and office seal.

6. Location Map and sketch of the property

It shows the area of location of the requested property with proper marking of the roads. It contains distance from main road and if any subway the distance from main road to the property etc. The land mark of the property, boundaries of the property, measurement of the property, if there is any building or house, detailed description of the same will be mentioned in the location map.

7. Non-attachment Certificate

The village officer through the Tahsildar should note any revenue recovery regarding to any legal issue. Tahsildar issues a certificate confirming that the said property or land is not attached with any legal case.

8. Building tax receipt

This certificate is issued by local government body like Panchayath, Municipality, Corporation. If you are buying a house along with the property, then the house tax receipt should also be checked. Also ensure that the electricity and water bills are up-to-date and if there any is balance payment to be made, ensure that it is paid by the seller.

9. Title Certificate

An advocate issues the Title Certificate after conducting a search on the title of the property intended for purchase. The title certificate would state if the property is unencumbered and has a clear marketable title. Usually, a search on the title of the property is taken for a period of the last 30 years. These documents would state whether the title to the property is clear, marketable and free from encumbrance. It would state clearly whether or not there is any existing mortgage, litigation, condition or claim, which is likely to affect the title of the buyer adversely.

10. Non-Agricultural Land Permission

If the land you are planning to buy is a paddy field or agricultural land and if you plan to use it for residential/commercial/industrial purpose, the agricultural land has to be converted to non-agricultural land and a Non-Agriculture Order has to be obtained from the Collector of the District where the property is located. Along with this, one needs to take the latest receipts evidencing the payment of Non-Agriculture Tax. In cases where the conversion from agricultural use to non-agriculture use is not done within the stipulated period then, there should be an order from the concerned authority extending the period.

37(I) Clearance [No objection certificate under section 269 (3) of the Income Tax Act, 1961]

If any immovable property in cities specified by the Appropriate Authority is transacted above a certain value, it needs to obtain a No Objection Certificate from the Appropriate Authority as defined under the Income Tax Act. A transaction would be incomplete and invalid if this clearance is not obtained. A statement in Form no. 37(I) needs to be jointly submitted by the seller and buyer. The appropriate authority would issue a No Objection Certificate, if it feels that the property has not been undervalued. If the appropriate authority feels that the property is undervalued, then it would do pre-emptive purchase of this property and sell it subsequently through an auction/tender. Various transaction limits have been set for various cities.

Changing the title in Village office: The whole legal procedure of buying the property will be complete only if the new owners name is added in the village office records. An application can be made along with the copy of the registered deed to the Village office to get this done

What documents should be verified while purchasing an apartment?

Development Agreement

The Development Agreement is an agreement entered into by the builder with the landowner if the builder does not already own the land or has a contract with the landowner. It contains details regarding the terms and conditions on which the landowner has permitted development on his property. By this agreement, the landowner engages the developer to develop and build on their plot of land. This agreement generally may also have a Power of Attorney in favor of the developer.

Approved Building Plan

The building plan has to be approved by the Corporation or the concerned authority. The approved building plans should be checked.

Commencement Certificate

The certificate, issued by the Municipal Corporation permits the developer to begin construction once the plans have been approved.

Completion Certificate

This is a Certificate given by the concerned authorities to the developer once the building project work is complete and fit for occupation.

Foreign Exchange Management Act (FEMA)

The Parliament has enacted the Foreign Exchange Management Act, 1999 to replace the Foreign Exchange Regulation Act, 1973. This Act came into force on the 1st day of June 2000. The object of the Act is to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in India. This Act extends to the whole of India and will also apply to all branches, offices and agencies outside India owned or controlled by a person resident in India. It will also be applicable to any contravention committed outside India by any person to whom this Act is applicable

FIPB

FIPB is a competent body to consider and recommend Foreign Direct Investment (FDI), which do not come under the automatic route. The FIPB has been reconstituted as under :

• Secretary, Department of Economic Affairs Chairman 2) Secretary, Department of Industrial Policy & Promotion Member 3) Secretary, Department of Commerce Member 4) Secretary (Economic Relations), Ministry of External Affairs Member. The Board would be able to co-opt Secretaries to the Government of India and other top officials of financial institutions, banks and professional experts of industry and commerce, as and when necessary.

Do Non-Resident Indian nationals require permission of Reserve Bank to acquire residential/ Commercial property in India?

No Permission is required by Non-Resident Indian nationals to acquire immovable property in India.

Are Foreign Nationals of Indian origin allowed to purchase immovable property in India?

Yes, Foreign nationals of Indian origin, whether resident in India or abroad, have been granted general permission to purchase immovable property in India.

What should be the method of payment for purchasing residential immovable property in India by Foreign Nationals of Indian origin under the general permission?

The purchase consideration should be met either of inward remittances in foreign exchange through normal banking channels or out of funds from NRE/FCNR accounts maintained with banks in India.

Non-Resident Indians are staying abroad can the property be purchased through the agent or through the power of attorney?

The Non-Resident Indians who are staying abroad may enter into an agreement through their relatives and/or by executing the Power of Attorney in their favour as it is not possible for them to be present for completing the formalities of purchase(negotiating with the builder or Developer, drafting and signing of agreements, taking possessions, etc.) These formalities can be completed through some known person who can be given the Power of Attorney for this purpose. Power of Attorney should be executed on the stamp paper before the proper authorities in foreign countries. Power of Attorney cannot be drafted on the stamp paper bought in India.

Foreign company / National

A foreign company which have branches any were in India can purchase immovable property for the business purpose. Payment should be made in the form of foreign inward remittance through banks. And within 90days of purchase the company should file IPI with RBI. On winding up the business the property cannot be sold to second party without the approval of RBI. Foreign national of non-Indian origin resident outside India cannot buy the immovable property in India. Bu they can take houses or flat on lease for a period of 5 years. No need of approval of RBI.