A Step by Step Guide to Register Land in Kerala.
Purchasing a piece of property is one of the most important financial decisions you can make in your life. There is something about buying land that makes you feel proud and gives you a huge sense of accomplishment.
However, it is highly essential that you don’t get carried away. But that said, take absolute care in every stage of the land registration process. Even more, if you are planning to make a real estate investment in Kerala take an experienced property consultant’s support. Make sure you understand all rules and regulations set forth by the government regarding registration of land and the steps involved.
Here is a step by step guide to help you register land in Kerala, in a hassle-free manner.
1. Identify the Property
The first step in purchasing a property is of course, identifying it. Pick a location that you like, and choose a property that fits your budget range. Then try to negotiate the price of the property, the mode of payment and the tenure with the seller.
2. Get a Legal Opinion
Once you have spoken to the seller and finalized the terms, it is crucial that you meet with a lawyer. They will help you obtain a legal title report of the property you intend to purchase. You will have to do some basic checks to clarify various aspects of the property and the proposed sale transaction.
You can also conduct a research of all the property documents along with your lawyer to ensure that you have all facts regarding the property, and it is a reliable purchase. The legal title report is compiled based on all the general information that has been collected. It usually takes about 3 to 5 days to prepare and submit a title report.
3. Obtain the Encumbrance Certificate
An encumbrance certificate is an important document that helps you verify whether the immovable property you plan to buy is free from claims such as loans, leases, unpaid debts, etc. The Sub-Registrar’s office issues the encumbrance certificate after verification of the relevant property documents, and it certifies all the transactions made on the property for the time period you specify. It is important that you get the encumbrance certificate (for a period of at least 30 years) before you enter into an agreement for the sale.
4. Check the Revenue Records / Mutation Details
When the title of a property is transferred from one person to another, it is recorded in the revenue records as mutation of property. The mutation is recorded in the records for land tax payment purposes. However, the mutation is not a conclusive proof of land ownership as it is just a record for the Government to decide who to collect the taxes from.
Application for mutation will vary depending on the Re-survey status in the Village in which the property is located. If the Village Re-survey has been completed and the ROR procedure has been implemented, obtain an ROR before registration. Once the registration is complete, the mutation is automatically done based on the information in the ROR. The applicant should pay the taxes once the mutation is complete.
There are some Villages where Re-survey has not been completed. In such cases, you will have to submit an application containing the relevant information on plain paper. Along with this, you should also submit a non judicial stamp of relevant value, copy of the title deed and prior deed to the Village Officer to initiate the mutation proceedings.
5. Sign the Agreement to register land in Kerala
An agreement is a written contract between the buyer and the seller in the presence of two witnesses. The seller agrees to sell his property, and you (the buyer) agree to buy it under the recorded terms and conditions. Make sure you mention these conditions in the agreement, before you register land in Kerala. In addition, the sale agreement should include the property value, property extent, period of documentation, advance amount paid, terms regarding property encumbrance, possession, previous document details, etc. If there are any buildings or furniture present on the property, you should also include the area of the building (in sqft), furniture details, and a brief description of any type of plantations present on the property. Furniture details are applicable only if it is part of the sale consideration amount
The agreement is prepared on stamp paper. It also includes what kind of legal penalty is to enforce if the buyer or seller violate the terms of their agreement.
6. Register the Agreement
Only registered agreements create an interest in the property and are legally enforceable. Hence it is advisable to register the sale agreement at the respective Sub-Registrar’s office. It would then reflect in the Sub-Registrar’s records, and any subsequent buyer will be able to find the existence of a valid agreement on the property. Registering an agreement attracts the relevant stamp duty and registration fees.
7. Buy Stamp Paper in the Buyer’s name and Pay Stamp Duty
You need to purchase the Stamp Paper in the name of the buyer from the State Treasury or Stamp Paper vendor depending on the value of the stamp. The value of the stamp varies based on the purchase price. Local Stamp Paper Vendors can sell Stamp papers upto the value of Rs 1 lakh. However, anything above this value has to be bought online.
You can get the stamp duty rate from the Registrar’s office or from the official website of the Kerala Registration Department. The prevailing rate of stamp duty in Kerala is 8%, irrespective of whether the property is located in a Panchayat, Municipality or Corporation. There would be an additional registration fees of 2%. The government of Kerala periodically revises these rates.
8. Ascertain the Fair Value of the Land before your register and in Kerala
The actual sale value of the property determines the stamp duty. However, it is mandatory that the documented sale value cannot be lower than the “fair value” of land. The Government of Kerala determines the fair value of land.
The existing fair value of land in Kerala was fixed in 2010. The Government of Kerala has revised this several times later. As of 2017, the fair value has been set as 50% more than that recorded in the Government fair value website. The government will introduce necessary amendments to the Government Stamp Act to enable these changes.
For the purpose of fair value calculation, there are 15 categories of land in Kerala:
- Commercially important Plot
- Residential Plot with NH.PWD road access
- A Residential Plot with Corp.Mun.Panch. road access
- Residential Plots with private road access
- Residential Plot without vehicular access
- Garden Land with road access
- Garden Land without road access
- Coastal belt
- Water logged land
- Rocky land
- Waste land
- Wet land
- Hill Tract with road access
- Hill Tract without road access
- Government Property
You may use these links to access the fair value of land in each district in Kerala:
9. Get a Document Writer or Advocate to draft your Sale Deed
The Sale Deed document should be drafted by an experienced professional to ensure that it is defect free and does not cause any future complications. However, if the case may be, the buyer himself can draft the sale deed.
10. Register the Land in the Registrar’s Office
The next step is to register the land in the Sub Registrar’s office concerned. Make sure that you complete the registration within the time frame recorded in the sale agreement. 2% of the cost of the land will be charged as registration fees, irrespective of the property’s location.
What You Need to Have Before the Day you register land in Kerala
You need to ensure that you have the following in place before you go for registration.
- Original Title Deed
- Encumbrance Certificate
- Possession Certificate
- Previous Deeds
- Land and Property Tax Receipts
- Two witnesses
- Passport size photographs of the buyer and seller
- PAN cards of the buyer and seller
- Identification details of the buyer and seller
11.Receive the Documents after Registration
The office will provide you a receipt for the same, after the registration is complete. You can then collect the documents from the Registration Office after a few weeks.
12. Mutate the Property / Change the Title of the Property
In order to change the title of the property, you have to submit an application with copies of relevant documents in the village office. This is done to change the revenue record of the property from the seller’s name to the buyer’s name. This process is known as ‘Pokkuvaravu’ in Malayalam. It is also referred to as ‘Thandaper Pidikkuka’ since you get a ‘Thandaper’ against your name once you mutate a property.
13. Pay the Property Tax and Get Tax Receipts in Your Own Name
Once the mutation is complete, pay the applicable tax in your name in the corresponding village office.
Conclusion
Purchasing and registering land does not have to be slow and tedious. Follow the steps outlined above, and you will be able to breeze through the land registration process smoothly.
Have questions? Let us know by commenting below or contacting us here.
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Hi
Ur article has been a great help to us in understanding the process of property buying.
We are interested in purchasing house in Palakkad, Kerala. I would like to know the difference between janma theeradharam and vila theeradharam.
Also for the smooth and hassle free registration, I would like to employ the services of an advocate. Would you be able to guide me in this matter and recommend any good advocate.
Thanks. Keep up the good work
Dear Mrs Nair,
Thank you for your kind words. Yes, we can try to support you.
Could you please call us +91 8139 800 800?
Thanks
Team TRANSFORM
Hello,
I would like to buy a land in kerala thrissur ,the land has no pattayam. Is there any problem in registering the land and taking the loan from bank with this property,s adharam.
Hi Sandeep,
We would need to see the rest of the property documentation to make a comment on this. Kindly send us a mail at hello@transformproperty.co.in or call us at +91 8139 800 800 to take this forward.
Thanks,
Team Transform
Dear Sir / Madam,
I am planning to buy a property in Idukki and I already paid advance for the same. Registration planned for next month. Right now I am in muscat and unfortunately am not able to go to kerala. Is there any chance to register the property in my name without my presence there. kindly advice.
Hi Dipu,
The buyer need not the physically present for the registration of property. You can get the documents couriered for thumb impression/signature.
Hope this clarifies.
Thanks,
Team Transform
Your presence not required when you are a buyer, but if you are a seller your presence is very important
Sir/madam..
We are planning to buy a small plot in kochi which includes 1.621 cent..
In that 0.790 cent including puraddam remaing 0.831 cent paddy..
If I buy that plot should I able build a house. Or after wards anyproblem regarding this plot.. It’s situated near to rameswaran calavathy canal..
Hi Amal,
Construction on wetlands(paddy) is not allowed, though some exemptions are there. Provision for construction would vary depending on the specifics of the property documentation as well as the size of the building.
What is the procedure and cost for adding spouse to a registered land deed?
Hi Saumya,
You will have to GIFT a portion of the property to your spouse, by registering a gift deed at the Sub Registrar Office. Transactions between family members have lower rates of stamp duty and registration costs than normal transactions.
Hi,
I am planning to purchase the land in kannur and land type is Garden Land with road access/•Garden Land without road access.
What are the precuations need to be takecare prior to buy the property.
What will be the cost of stamp paper and stamp registration.
for example, INR 3,45,000/cent and i am planning to buy 14.2cent.
I am awaiting your response through comments/email.
Thanks and regards
Muhammed Ali.
Hi Muhammed Ali,
Stamp duty will be 8% of the document value and registration cost would be 2% of the document value.
You should get a legal expert to check the title deeds of the property before the purchase.
Dear Sir,
I would like to buy a property in kerala. actually proposed property is belong with my father self owned, My father has expired on 23-04-2003. but due to home loan and its non-repayments dues bank take the property through the court order.
now bank approach me and ready to one time settlement for closure the dues, is it possible to make the registration on my name?
presently i am abroad, with out my presence is it possible to get the registration on my name. please advise.
otherwise what are the possibility to get the registration with the absence of mine.
Hi Sujith,
Property registration in Kerala does not require the buyer to be present. Since the situation that you indicated involves other parties like the bank, the exact way forward can be created only by knowing the details.
Thanks,
Team Transform
8139 800 800
Hi,
I purchased a property in 2014 and when i went to Pay Land tax i got to know that in village records the land is less that what is written in the Deed .. But The land is existing in the property …
I have made house in the property and i need to pay land tax before i give application to Panchayat for House No ..
hi,
I have a Land which got KLU now i want to sell it. Any restriction on selling it to another person? My buyer saying its not possible within 10 years. i think its wrong.
Regards
brijesh
Hi Rijesh,
Need more details to comment on the specific order by KLU, assuming that you got an order as per the Kerala Land Utilization Act.
Thanks,
Team Transform
8139 800 800
My plots are listed as “Residential Plot without vehicular access”. But the possession certificate got for building permit as “wet land”. What are the procedure to get the proper possession cert?
Hi Shafi,
Classification of land for Possession certificate is determined based on records available in the Revenue Department. The classification that you have indicated is the one done by the Registration Dept for Fair Value determination. Therefore the discrepancy.
There is a chance that your land is wetland as per revenue records. Please check.
Thanks,
Team Transform
8139 800 800
Before registering and handing over possession, one has to measure the proposed property and who are the persons authorized to measure it if the village officials are too busy. Can I bring in a professional surveyor or private surveyor or a retired village official?
Hi David,
This measurement is done to satisfy the potential buyer of the property on the exact extent of physical land available. So you can choose any of the parties you have indicated, provided the buyer is OK with it.
Thanks,
Team Transform
8139 800 800
Am a NRI, does my presence is required for registration? If no, what at the docs required?
Regards
Hello Transform property team,
For the partition deed, can we include all the survey numbers of the lands which are in possession? Some of the survey numbers were missed out in tax receipts, and the land area is higher than what we are paying tax for, according to the survey numbers mentioned in the last registered adharam. and, no resurvey have been conducted.the property is still in our deceased fathers name. could you please advise on this?
thank you.
Hi,
I want to know whether I can Gift an immovable property which I received as a gift by executing a gift deed? That is I received a property from my brother as a gift by making a gift deed .Now I want to give it as a gift by making a gift deed to my son/daughter? Is it possible?
If so, Is there any time span between the two gift deeds?
Thanks and regards,
Thomas C
HI, our residential plot is in the name of my father. He died one year before. Now we are planning to re-register the plot to my Mother’s name. What are the steps and what all charges we need to pay for the Registration. Please advise
Without adopting the the help of available on going “adaram ezhuthu process” can I register my property by filling the blank data’s in the sufficient stamp paper?
Hi Sidhik,
Yes, you may do the aadharam creation process by yourself if you wish to do so, however the chances of errors would be high and corrections would be costly. Therefore it is always recommended to seek the help of a professional who has experience in drafting property documents.
Thanks,
Team Transform
Sir
Am planning to buy a house in kerala (under panchayath) the cost of the house is Rs. 12lakh what will be the registration fee ?
Hi Gireesh,
The statutory charges involved in Kerala are 6% stamp duty and 2% Registration fees.
Thanks,
Team Transform
Hi Gireesh,
Stamp duty will 8% of document value and registration fees will be 2% of document value.
Thanks,
Team Transform
8139 800 800
Hi.. my mother-in-law’s land is under registration process. Her father died 1 yr before. Her brother is doing the works. But telling that it will take more than 1 month to get aadharam even after getting all the required papers. Is it true? Pls reply in my mailbox.. thank you
Hi Reshma,
A lot of documentation takes about a month’s time for completion of all formalities, due to the large number of property related documents in our Sub Registrar Offices.
Thanks
Team Transform.
Hi Reshma,
This is quite possible.
Thanks,
Team Transform
8139 800 800
It is indeed a good information for us.
I am a NRI with layman’s knowledge on the subject. I am in a processes to own a flat in kakkanad from a reputed Builder. Now i can pay e-stamp and registration online. However my question is; should i present myself in registrars office while registering or there is any alternates… Need your advice
Thank you very much for the support and best wishes for your consultancy.
Hi Nishad,
Property registration in Kerala does not require the buyer to be physically present.
Thank you for your wishes, and all the best for your purchase.
Thanks,
Team Transform
8139 800 800
Hi..
How we can identify a plot is wetland or dry land?
Thank you
Hi Kavery,
Then information would be available in the BTR (Basic Tax Register) Records.
Thanks,
Team Transform
Hi Kavery,
You need to check the classification in BTR available with the Revenue Authorities.
Thanks,
Team Transform
8139 800 800
Very good information. Thanks!
Hai sir
I have a land for sale in vatakara, puramery. Dod you have any buyer please contact me. No: 9656766546
Dear TP Team,
I have a query regarding Buildnig Permit.If a land is having building permit, how to transfer it to a new buyer? Merely mentioning in the sale deed is enough?
Dinesh
Hi Dinesh,
This needs to be mentioned in the documentation for sure. However it needs some documentation at the Local Self government Department who has issued the building permit. This is under the assumption that at least a partial construction is present at the site. If not, there are certain other aspects to be considered before arriving at feasibiity.
Thanks,
Team Transform
8139 800 800
sir,
My husband is no more now. My husband’s mother had given the right of complete property to my husband’s brother. Now my in laws are no more. My husband’s brother wish to provide me 10 cents from this property for building a house for me. i would like to know whether i will have to pay the stamp duly as normal sale or else. Please advise.
Regards
As the widow of a holder of a share of ancestral land, I have now inherited a portion of it, to be determined in coming weeks. The whole piece is about four acres, and will be divided five ways. Some is rocky land on a hill, not suitable for agriculture, some is possibly useful for houses or agriculture with huge effort, and some is already having on it a broken down house that would need to be replaced, with some garden area near to it. I have downloaded your points, and look forward to downloading the book as well. I am a citizen of US, so cannot own agricultural land, nor could my husband who was a naturalized citizen of US.
This division is being handled with much adversity, and I am standing up against it with hopes of claiming the broken down house and some of the garden area next to it. How do i assess the value of it, and what sort of legal assistance should i be seeking? The property is in Kasargod dist. Cheruvathur village, which I could not even find on the list on your website. the papers relating to htis property are not well kept, most may be missing. I don;t even know if the taxes on the land have been kept up to date. My husband and I sent money for the taxes from about 1960-1980, but it was not paid in his name. I have very few documents from the past 40 years that can be assumed to be genuine. Thank you for whatever advice you can give to get me started.
Dear Sir,
I am a Keralite, planning to buy a house in 5 cents(land&house), corporation area where fair value is around 5 lakhs. Total comes to 70 lakhs. How should be the stamp duty calculated? Only for the land? Or for total transaction? Is there a difference in stamp duty for house?
Regards,
Siju
Hi Siju,
8% Stamp duty is applicable for land as well as the building.
Dear Sir,
I am going to buy one plot near the NH47.
The agreement prepared 15% on advance payment , 20% on within a month time,45% on within 4 months time, and the balance shall be within 6 months time.
My agreement is prepared 500 Rs stamp paper and it is not registered.
My concern is the First two payments I made , the third one is due now, but my lowyer found a mistake in the original document that the survey no is written in one location ie. 345/6 instead of 345/5( inside sheets). I informed the seller, to rectify it before the next payment.
If I can hold the payment for this reason, or I can surrender the money in court within the agreement time for my safe side.
I am buying a part of the same land (6 cents from 13 cents),He pledged the original document in the bank for loan purpose, is he has to bring the original for registration time, and how I will get the document as my previous document.
I am waiting for your reply/comments by mail.
Regards
I would like to buy a land, which has selling by 8 brothers, which has their ancestors property. Their grand mother has received this property in 1971 after family partition.Grand mother and her children also died, now her grand children are handling this property. Need you help how to find is there more title holders are there other than 8 people, what they are saying? how i can ensure there are no more people has right for this property? and what is my right if i buy this property and in future someone claim for their rights?
Kindly help
Shanil
Hello sir,
we are planning to buy a portion (about 35 cent)from a 1.5 acre land. The land is “Verumpattam,parambu” in adharam and munnadharam. The owner has given request to convert it to “janmam”.
1)Is there any rule that only after converting the land into Janmam, we can do the registration?
2)Is there any legal issues for building house in a land termed “Verumpattam,parambu”
3)Is there any problems in applying for housing loan for such a property?
Thanking you in advance
sumam
Thank you for sharing about the step by step information about registering a land in Kerala.It’s really helpful.
I sold a property recently. Now the registerstion has come closer. All required documents copies are given. Now asking for family mebership certificate since it is a oyimuri registerstion. But the 10 persons signed in the aadhar am are in different place. So how will I apply for family membership certificate.
Hi,
I brought a floor of an building under corporation.I am an NRI.All other checking of documents done by my father.The sellers told missed their adharam.Then they give missing Ad. in a news paper and get adharam copy.So is it valid?
Is UDS applicable for all building(this is 15 yrs old building).From which document we will get get information about UDS.
What are the document required for buying a commercial space in a building.Please help..
Hi. I have sold some property and using that money i purchased another property,hence i am eligible for Capital gain exemption on residential house property right?So if i gift this property to my wife before doing mutation and property tax payment(karam)in my name, am i still eligible for tax extemption?and can i do the mutation and tax payment in my wife’s name once the gift deed has been registered?
Dear Team,
My Father died a few years back. The ancestral property and the land-tax, house tax receipts are still in his name. My mother and I are the only inheritors to the property.
Last year I give my share to my mother but we did not do the final ‘pokuvaravu’ for personal reasons. I have life interest over it.
So basically I registered my share to my mother at the sub-registrar’s office.
My question is would it be possible to get a possession, encumbrance or some other certificate on my mother’s name to prove that she now owns the property? Possibly a document form the Sub-registrar’s office?
I need this to apply a visa for my mother to come abroad to visit me. This requires documents indicating that my mother has sufficient personal means of subsistence. So a property document with my name would make the visa application easier.
Regards
Dan
Dear,
our land is categorized government property. Now i want to sale this property. i did land tax & home tax. How can i change this & get fair value??
Hi Team,
I bought a plot lastmonth and registration completed and waiting to get the documents, as per them it will take about a month to get the documents after registration. I am going to build a house over there and i need to go for a loan, pls. update me whether i can apply for a loan after i receive the registered documents or i need the pokkuvaravu also for loan. I already received the EC, builder is pressurizing to start the construction else he will increase the cost. Pls. advice me.
Regards
Ajith
Thank you TEAM TRANSFORM..for a follow up query is it the same for gift deeds? like for example can a 2 brothers be witnesses when their dad registers a gift deed to their mom..?
Dear sir,
I identified residential land for purchasing , What are the care I have to take before going further
is it required to seek legal advice after getting original copy of original title deed from seller for verification
I also wants to know difference between doc.. like TITLE DEEDS , SALE DEEDS, & SALES AGREEMENT
Thanks Regards
Promod
Sir,
I am planning to buy 14 cents land in a panchayath .i have requested for all documents including title deeds encumberance tax receipts etc.the seller has given fotostat copies of earlier deeds adangal ,encumberance certificate for 15 years etc.on reading the old title deed of 1954 it says a kshemakarar was present but no number year etc was given also encumberance certificate up to 15 years only received I have asked for 30 years encumberance .my question is what is this kshemakarar and why. 30 years encumberance certificate is needed?
Our care taker of the land that we own is asking if he can lease the land from us so he can do cultivation of sugarcanes, and he agrees to sell the produce and give us a certain amount of cash every year. For that he is asking to sign a Lease. Is this arrangement usually done and safe for us to do it.
A step by step guide to property registration in Kerala really helpful to buyer and seller.Buyer and seller easy to understand how to register the land or property in Kerala.
Hi,
wanted to know if we can buy and register a property as per the resurvey mentioned area and on which the tax is paid by the seller for last two years.As per the current aadharam, the land area is .5 lings lesser than the actual measured area on resurvey. What is the process to sell or reregister this property as per the new and actual area measurement.
thanks
ear sir,
I would be grateful if you could let me know what i have to do to change the status of a piece of wet land of 30 decimals to a purayidam status in Kerala.I purchased the land in 1990 and built a house in it in 1992 with the house number allotted from the Grama punchayath. I have also paid the one time building tax as assessed by the village Officer to the village and have been continuously paying Annual house[building] tax in the punchayath.However,the land tax I pay for the said land in the village is still assessed on the category of wet land.
Thanks
John
Reply
Dear sir,
I would be grateful if you could let me know what i have to do to change the status of a piece of wet land of 30 decimals to a purayidam status.I purchased the land in 1990 and built a house in it in 1992 with the house number allotted from the Grama punchayath. I have also paid the one time building tax as assessed by the village Officer to the village and have been continuously paying Annual house[building] tax in the punchayath.However,the land tax I pay for the said land in the village is still assessed on the category of wet land.
Thanks
John
Hi,can a son be one of the witness during registeration of property under father’s name?
Hi Tom
Thank you for contacting TRANSFORM team. It is always better to have third parties as witnesses in any contractual agreement. Having said that there is no mandatory check to see who is signing as witness. It is in the best interest of the parties involved to have neutral persons signing as witnesses.
Hope that helps
Regards
TEAM TRANSFORM
Many thanks for detailed information
Thanks Arul for your encouraging feedback!
Dear,
What is the procedure to register a land with building in the name of an oci person.
Regards
Ajish
Hi Ajish
Thank you for getting in touch with Team TRANSFORM. The OCI card is a valid identity proof and hence there is no difference with the usual procedure of buying a property in the name of an OCI. There are restrictions applicable to all NRIs in terms of the nature of property bought. If your query was regarding something else please let us know.
Thanks
TEAM TRANSFORM
Hi..
Could you let me know what are the documents needed from the buyer in order to prepare the adhaaram and what document are needed from a buyer’s perspective on the day of registration?
Thanks in advance,
Regards,
Reena
Dear Sir,
I am planning to purchase a property (land only) in Ernakulam
The fair value of this property is quoted at Rs 600,000 per cent and therefore, the total documented value is Rs 70,00,000 (70 lakhs). Since the documented amount is over 50 lakhs, 1% TDS is being levied. Due to this reasons, the seller of this property wants to split the property papers into 2 adhaarams, in order to avoid the TDS.
Due to time constraints from my side, I would be able to stay for limited days in Kerala and I was informed that registrations of 2 adhaarams cannot be done on the same day or even on adjacent days. as a result, s 3-4 days need to be kept between the registration of these two adhaarams for the same property. Is this accurate?
Another query is regarding the payment of documented value – can this be done by a personal NRE cheque?
Looking forward to your response.
Many thanks..
Hi Basil
Thank you for contacting TRANSFORM Property Consulting team. We appreciate the situation that you have indicated; but would need a lot more specific details regarding property, financials, documentation etc before we can comment on the same. But broadly we believe, that is not really the case. We have got multiple deeds done for our clients on the same day avoiding the need for you to be present on multiple occasions. The solution to your specific problem would require further discussion. Hope you understand!
With regard to your query regarding the payment option that should be possible; Any specific reason you asked?
Please give us a call at +91 8138 800 800 to discuss further. Shall send across a separate email to you with how we can take this forward.
Regards
Team TRANSFORM
Sir,
We a group of 6 friends are planning to buy a land. So is it possible to register all 6 persons as buyers in title deed.
Hi Dave
Thank you for contacting TRANSFORM Property Consulting! It is definitely possible to have multiple buyers in the title deed.You need to ensure that the document is professionally drafted to ensure that the document reflects the exact understanding that your group would have amongst us. There are multiple ways in which joint deeds can be written; hence need to be careful in choosing the right approach. Please do drop us a note to hello@transformproperty.co.in for any clarifications or do share your number and our team will get in touch with you.
Thanks
TEAM TRANSFORM
Dear Sirs,
I am planning to buy and acre or two acres of land not paddy field but coconut plantation. What category of land it would be treated as? Can I build a house in this land? what are the precautions I should take while buying a farm land? The purpose of buying this type of land is doing multi-cropping and building a farm house. The places that I am looking are in Chittur and neighbouring places in Palakkad.
Thanks and regards
Giridhar
Hi Giridhar
Thank you for contacting TRANSFORM Property Consulting team. The category of land is defined on the basis of the Basic Tax Register ( BTR Records) that is kept in revenue records and tax is defined on the basis of the same. There are several restrictions on usage of non ‘Purayidom’ category land for non agriculture activities. The criteria has more relevance if you plan to take any loans from financial institutions. It might be a lot more difficult to get loans for non agricultural activities if the land category is anything other than ‘Purayidom’.
Hope it clarifies. In case you need to discuss this further please drop a note to hello@transformproperty.co.in or give us a call at +91 8138 800 800
Regards
TEAM Transform.
We are in the process of partitioning our ancestral property. There is a small pond (3 cents) in the property which has a separate survey number. Though the title deed covers the area, no land tax is being accepted by the village office for this area. Is there any rule prohibiting transfer of title of this area covering the pond?
Thanking you.
Hi Vijayakumar
Thank you for contacting TRANSFORM Property Consulting.
There could be many reasons whty the village office is refusing to accept tax for that survey number. Need to know a lot more details to know the exact reason. A probable reason is that the said survey number could fall under ‘Govt Land category’ or any other category for which private individuals are not allowed to pay tax. Also the property’s Village records/Basic Tax Register / Thandaper Register might not be having details of this survey number details. It is very difficult to ascertain whether this land was included in the title unless the title deed has been written without any lack of clarity clearly demarcating the said ‘pond’. It could be a Public Thodu due to which the authorities might be refusing the same.
Hope it clarifies. In case you wish to discuss this further please drop a note to hello@transformproperty.co.in or +91 8138 800 800
Regards
Team TRANSFORM
Dear Sir,
I am going to buy a villa in a project. What are the basic things I need to take care of? Is sale agreement registration is mandatory in kerala? Can we register sale deed at SRO without registering sale agreement? If sale agreement reg is not mandatory, then at the time of deed registration, do we need to pay 6+2 =8% fee? Please help me on this sir
Thanks
Rajeev P A
Hi Rajeev
Thank you for contacting TRANSFORM Property Consulting team. Sale agreement registration is required to ensure that the buyer’s interests are safeguarded and you have a concrete proof that the seller has agreed to sell a specific property under the agreed terms and conditions on receipt of an advance.It is a mandatory condition to get ‘specific performance’ by the seller in a court if there arises a dispute in future. A sale deed can be registered without a sale agreement; There is no connection. The Sale Deed costs as we speak are 6% Stamp Duty and 2% Reg Fees.
There are quite a lot of things that you need to take care while you evaluate a purchase decision. Please drop us a note to hello@transformproperty.co.in or give us a call at +91 8138 800 800 in case you wish to discuss further.
Team TRANSFORM
Dear Sir
My father has some property for which he don’t registered the deed. He bought it from a firm and now the firm doesn’t exist and not even a member of the firm. My father died and now is it possible for me to get ownership for the above mentioned land. Years ago my father has done fencing of the land along with our land. Please send your reply to my email address mentioned above. Please let me know in case you need further information.
Hi Resmi
Thank you for contacting TRANSFORM Property Consulting team.
From your question it is not clear how the property was bought from the firm. Is there an unregistered deed to prove the purchase from the firm? We would need lot more specific details to evaluate the situation. Please drop a detailed mail to hello@transformproperty.co.in and give us a call at +91 8138 800 800.
Regards
Team TRANSFORM
Is it manadatory that the person who purchase the land has to be physically present in the registration office ?
Do we need to get a power of attorney for purchasing a land in any one else’s behalf ?
Hi Bejoe
Thank you for contacting TRANSFORM Property Consulting team. It is not mandatory for the buyer to be physically present in the registration office; Just the thumb impression on the stamp paper would do. There is no need for a Power of Attorney to purchase land on some one else’s behalf.
Hope it helps.
Thanks
TRANSFORM Team.
I have lost the original gift deed. Can I transfer the property to my wife as gift and get a new gift deed that way for selling the property without any problem later?
What is the registration and stamp duty charges to be incurred for transferring the property as gift to my wife? Is there any other cheaper or better way to solve the problem of loss of original gift deed?
Hi Mohan
Thank you for contacting TRANSFORM Property Consulting team. Gifting the property to your wife will not fully eliminate the issue; but will nevertheless make the situation better since you will have a sale deed and the only missing document will be the mother deed. But buyers/banks/legal teams might ask for the missing mother deed to be on the safer side. Also take a certified copy of the deed from the respective sub registrar office and keep a copy.
It would also make sense to give out a public ad to announce the loss of sale deed to prove to others that there are no legitimate owners.
The charges are Rs. 1000 for the stamp paper and 1% or 250000 which is lower for registration fees. The State Govt has been amending these rules back and forth; Hence need to check the exact rules at the time of registration to know the rules that will prevail at that time.
The exact action to be taken depends on the specific situation. Please drop a note to hello@transformproperty.co.in and give us a call at +91 8138 800 800 if you need any further assistance.
Hope it helps.
Regards
TRANSFORM Team
Dear Sir
I am planning to buy 12 cent land in a Panchayat, what is the stamp duty and registration fee i have to pay.
For example if fair value is Rs 40,000/cent.
Please reply to my email address.
Am a NRI, does my presence is required for registration? If no, what at the docs required?
Regards
Sree
Hi Sreenadh
Thank you for contacting TRANSFORM Property Consulting team. Stamp Duty is 6% of the cost and Reg fees is 2% of the cost. If fair value is Rs. 40000 per cent stamp duty would be 6% * 40000 * 12 and reg fees would be 2% * 40000 * 12.
Your presence is not required for registration. Just the stamp paper with your thumb impression would do. There are no other separate docs required other than your ID proofs.
Thanks
TEAM TRANSFORM
Dear Sir
I am planning to buy 15 cent land in a panchayat, what is the stamp duty and registration fee i have to pay.
For example if fair value is Rs 200000/cent.
Please reply to my email address.
Am a NRI, does my presence is required for registration in my Name ? If no, what at the docs required? I dont have Having Adhar card & Pan card is it necessary only Passport & I.D CARD
Regards
Dear Bibin
Thank for contacting TRANSFORM Property Consulting!
The stamp duty for registering a property in a Panchayat is 6% and Reg Fees is 2%. So if fair value is Rs. 2lakhs per cent; then stamp duty will be Rs. 12,000 per cent and Reg fees will be 4,000 per cent.
Your presence is not required for the registration in our name; For any transaction above Rs. 5 lakhs PAN card is mandatory as per income tax rules.
Regards
TEAM Transform
how to register father’s property which is my share to my name
Hi Shin
Thank you for contacting TRANSFORM Property Consulting. Registering your father’s property in your name can be achieved using a GIFT Deed written by your father in your name.
Gift Deeds amongst family members attract much lesser stamp duty compared to a sale deed and hence that would be the preferable approach.
Hope it clarifies!
Thanks
TEAM Transform.
I am applied for pattayam for my 2 cent kudikidappu area in kochi. My case is in land tribunal and now they asked me to appeal form 37 to corporation office & get form 36. Kindly advise the procedure to get pattayam, as am very much fed up for last 4-5 years
Hi Anil
Thank you for contacting TRANSFORM Property Consulting. Applying and obtaining Pattayam can sometimes be a long and cumbersome procedure due to the different steps involved. Also the steps involved would vary depending on the exact situation more often than not.
We would require further clarity before we can advise on any way forward. Please drop us a note to hello@transformproperty.co.in with full details and we can evaluate how to take it further.
Hope it helps!
Thanks
TEAM Transform.
I am in the “first stage” so to speak of selling my apartment. Like u have enumerated above — point by point………can u tell me the stages of selling an apartment. PRIMARILY……..I would like to know – how do I go about transferring the ownership on the title deed, to his name n how do I ensure that the money comes to my account simultaneously ? Amount involved is huge (by my standards) so obviously I am quite loathe to taking a risk / chance. 100% above board deal. So it is going to be bank to bank transfer or thro’ cheque.
I look forward to an early response :).
Thnx and rgds
Philip
Hi Philip
Thank you for giving us an opportunity to serve you. Good to know that our article could provide you with some useful pointers.
We don’t have an article yet on that topic yet. Will try to do one soon!
To answer your specific query can you please drop a note to hello@transformproperty.co.in and we can try to provide you with the required information.
Thanks
TEAM TRANSFORM
I have 10 cent place but 6 1/2 cent only have aatharam i want to do for 3 1/2 cent also aatharam how can i get and what is tha formalitiesformalities.Awaiting your reply
Hi Linju
Thank you for giving us an opportunity to serve you. If we understand you correctly you have ‘TITLE’ for 6.5 cents but you are in ‘POSSESSION’ of 10 cents of property. The situation could be that, the ‘TITLE’ for rest of the 3.5 cents has not been passed on to you.It is what is usually called as ‘Virivu’ in local parlance. Or the situation could be something else.
We would require lot more details on the specific situation before any approach can be suggested. Can you please drop a note to hello@transformproperty.co.in with the details and we can try to take it forward.
Thanks
TEAM TRANSFORM
I want to know the details/procedures of doing pokkuvaravu, getting pattayam, changing thandaper etc for the property handedover to me by my ancestors. Please send me your contact details to my mail so that i can tell you the detailed structure of the will deed given by my ancestors. Awaiting your reply. Thank you.
Hi Mahesh
Thank you for contacting TRANSFORM team. You can reach us on + 91 8138 800 800 over phone or drop a note to hello@transformproperty.co.in as per your convenience.
Regards
Team TRANSFORM
Got provisional mutation done. Was told to wait for 30 days to make sure that no one has dispute and doesn’t file petition. How to know if someone has dispute and what to do in case this happens?
Hi Jake
Thank you for giving us an opportunity to serve you. Mutation is the process of changing the ownership in revenue records based on the transfer deed that you have produced before the Revenue authorities. What you have mentioned is a routine procedure to check if someone has any dispute on effecting the same. Unless there is any issue with the property boundaries or with any of the documentation that has been done now or earlier there is no reason for the mutation to get blocked.The Revenue authorities will let you know in such a case and you can take corrective measures if it so happens. But unless there is an issue wrt the property, that need not happen and you can wait for the mutation to be effected in a few days time.
Hope this helps!
Regards
Team TRANFORM
Dear Mr. Deepu
Thank you for giving us an opportunity to serve you.
Please check your email for the clarifications.
Thanks
TRANSFORM Team
Dear Sir
I am planning to buy 2 cent land in a corporation, what is the stamp duty and registration fee i have to pay.
For example if fair value is Rs 2,00000/cent.
Please reply to my email address.
Am a NRI, does my presence is required for registration? If no, what at the docs required?
Regards
deepu
What are the documents required for pokkuvaravu. Is the owner itself has to submit the application for that. how long it will take.
reply not yet received either here or via email
Dear Ms. Jesmy
Apologies for the delay. Thank you for giving us an opportunity to serve you.
The documents required for mutation include the application for mutation,and copies of sale deeds. Only these are required in case the previous ‘Thandaper’ has been mentioned in the sale deed. In case the previous Thandaper is missing in the document then they might request for all associated documents like prior sale deeds, encumbrance certificates, location certificates etc.
The owner or someone else on his behalf can make the application and usually it takes from a couple of weeks to 1 month for the process to be completed. It can take longer in some cases depending on the exact nature of the mutation involved.
Hope it clarifies!
Thanks
TRANSFORM Team
Dear Sir
I am planning to buy 10 cent land in a panchayat, what is the stamp duty and registration fee i have to pay.
For example if fair value is Rs 40,000/cent.
Please reply to my email address.
Am a NRI, does my presence is required for registration? If no, what at the docs required?
Regards
Suni
Thank for you getting in touch with us. Please check your email.
Regards
TRANSFORM Team
When will the changed new fairvalue of land in Kerala come to force? And which date is the cut off for registration fees based on the old fairvalue ?
Mr Menon,
Thank you for giving us an opportunity to serve you.
The new fair value rules have come into effect as on Nov 17th 2014.The 50% increase as per the Gazette Notification SRO No.698/2014 dated 14.11.2014.
Stamp Duty of 6% as well Registration Fees of 2% would henceforth be calculated on the basis of the new hiked Fair Value.
Hope it clarifies.
Thanks
TRANSFORM Team
I am planning to purchase a land in Kerala. Original adharam is missing and seller has attested duplicate copy and encumberance certificates etc. Is it OK. please advice.
Hi Vijay
Thank you for contacting us. We need to look into the specific details to assess the specific situation.
But broadly we need to know how the original adharam has gone missing. To be on the safer side we need to be sure that the adharam has not been pledged with any financial institution. Commercial Banks do Equitable Mortgage which will not appear is Encumbrance Certificate and hence attested duplicate copy and encumbrance certificate does not give sufficient cover.
We need to know the exact situation in this case to be sure that the risks have been addressed. Hope it clarifies.
Thanks
TRANSFORM Consulting team
can be registered. lack of document should be mentioned in the new sale deed