Land - Real Estate - Laws in India -- dland.in property builders and promoters

In India, the usage of property has always been bound by property Laws. The importance of property laws is that they define the essence of human relations governance. Real Property Law in India governs varied interests and relationships forged as a result of real estate transactions of the property owner with the new owner and the community, between landlord and tenant and through transfer of interests of real property and real property financing through deeds and mortgages. Real Estate transactions can be performed in the following areas: Sale - Purchase, Rent/ Lease / License, Mortgage, Gift, Exchange, Will.

>> Immovable Property

As a matter of facts the first seeds of civilization, Immovable property came to be the first personal asset of man, Women and children. Immovable property includes land, buildings, hereditary allowances, rights to way, lights, ferries, fisheries or any other benefit which arises out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth. It does not include standing timber, growing crops, or grass. It includes the right to collect rent, life interest in the income of the immovable property, a right of way, a fishery, or a lease of land.

>> Title to Property

Ownership in property is the creation of law. Before you buy a property, verify the title of the seller. A search of the records at the sub-registrar’s office may be carried out for documents that may affect the property and may have been registered .The report will show the recorded owner of title of the property and changes in the title of the property. Immovable property require one more right which an ABSOLUTE owner must enjoy and that is, to hold the title of the immovable property in one’s own name. Title was necessitating for legal recognition of person’s better right over the rest, to obtain and retain possession of properties. It means Ownership right to property.Conveyance of the document may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it. In many cases, both possession and title may be transferred independently of each other..

>> Agreement to Sell

All agreement to sell in respect of an immovable property are govern by the provisions of the Transfer of Property act,1882 and Indiana Contract Act 1872.Agreement to sell mat be oral or written.. An agreement to sell and a sale are sometimes referred to as an executory contract of sale and an executed contract of sale respectively

>> Joint Venture

A joint venture is a business agreements in which parties agree to develop, for a finite time, a new entity and new assets by contributing equity. They both exercise control over the enterprise and consequently share revenues, expenses and assets. When two or more persons come together to form a temporary partnership for the purpose of carrying out a particular project, such partnership can also be called a joint venture. The Joint Venture agreement should be conditional upon obtaining all necessary approvals/ consents/ licenses /permissions of appropriate agencies of Government of India like RBI/SIA etc within specified period. If any of the approvals are not received, or received late, the agreement cannot be enforced and the joint venture cannot proceed on the basis of the Agreement.

>> Rights and Liabilities

In any contract for sale or purchase of property, both the buyer and the seller have certain rights and corresponding liabilities to each other. These statutory obligations are always subject to the contract of parties to contrary. The main provisions that relate to this aspect are covered under the Transfer of Property Act. in the absence of a contract to the contrary, a seller of property has certain rights and is subject to some liabilities. A seller is bound to disclose all information related to the property to the buyer. He is bound to inform any material defect in the property or in his own title which the buyer is not aware of, or which the buyer cannot discover with ordinary care. The seller should give the buyer all documents of title relating to the property which are in the seller’s possession or power. After the buyer has paid the amount due, the seller should execute a proper conveyance of the property in favour of the buyer for execution at a proper time and place.

>> Valuations of Property ------- Kerala Fair Value Finder

The process of making an estimate of worth of real property or real property or other assets for a particular purpose. The property valuation methods and property valuation process depends on the location of the property, the quality of construction on the land that depends on the Builders and Developers involved, maintenance of the property, proximity to major infrastructure developments and more.The land market price is announced by kerala Government depending up on location, type of land, road accesses and there is any building it also considering for the valuation, these rate are published in registrar office and village office. The stamp duty is varies from Municipality to Corporation to Panchayat.

>> Formality for Buy or Sell Property in Kerala

A lot of care is needed from the beginning- right from site seeing till the registration of the land. The legal status of the land is one of the first issues that you should address before confirming a property. Selling and Buying of the property legally come under the Indian Contract act. The same times other acts related to land, money, registrations,income tax etc. come under this purview.The land can be registered in a sub registrar office, after preparing the title deed including all the relevant information.A Lawyer or document writer can prepare the conveyance. . If there is incorrectness in the document after registering, a secondary document with the correct details has to be registered and depending on the incorrectness, the registration expenses will be repeated. Original title deed, Previous deeds, Property/House Tax receipts, Torence Plan (optional) etc plus two witnesses are needed for registering the property. Torence plan is a detailed plan of the property prepared by a licensed Surveyor which will have accurate details of the measurements including width, length, borders etc. This plan is needed only in some specific areas. For land costing more than five lakhs, the seller should submit either his Pan card or Form Number 16 during registration.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

>> NRI >> PIO >> OCB

Fema Act explain the Person resident in India and Person resident out side in india.Person resident out side India as to mean a person who is a citizen of India and has gone out of India or who is staying out side india more than one hundred and eighty two days or more . NRI means a person resident out side India who is a citizen of India

PIO means a citizen of any country other than Bangladesh or Pakistan and Sri Lanka If : A) he at any time held Indian Passport B) he or either of his parents or any of his grand parents was a citizens of India by virtue of Constitutions or the Citizenship act, C) the person is a spouse of an Indian citizen or person referred to in sub-clause (A) or (B)

OCB means a company, partnership firm, society and other corporate body owned directly or indirectly to extent of at least six percent by Non – Resident Indians and includes overseas trust in which not less than sixty percent beneficial interest is held by Non – Resident Indians directly or indirectly but irrevocable.

Sale and Purchase of transfer of immovable property are subject to regulations by the Reserve Bank of India,Which has in exercise of the powers conferred under the section 6 of FEMA. We find you the best buyers and Sellers for your real estate in kerala needs for Villas in Kerala, Land in kerala, House plot in kerala, commercial plots in kerala, plantation estates. We will get you the best property deals in these locations Kochi, Kozhikode, Kannnur, Waynad, Thrissur, Palakkad , Malappuram and Kasargod,

Buying properties in India What NRIs should know

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 our 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. We find you the best buyers and Sellers for your property/real estate needs Villas, Land, House plot, commercial plots, plantation estates. We will get you the best property deals in these locations Kochi, Kozhikode, Kannnur, Waynad, Thrissur, Palakkad , Malappuram and Kasargod, Please send details of your properties/requirement to dland.developers@gmail.com or Contact us  91 99 95 22 09 66 dLand Propery Builders and Promoters Website: http://dland.in

Buy Land-Property-Real Estate-Villas-House Plots

Buy Land Property Kerala Real Estate

A buyer should exercise utmost caution while buying property in India, 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 or 'sand'. Freehold land is always most preferable. The seller should provide all the necessary documents to the buyer. Identify the property in terms of nature of the property; whether it is residential /commercial/industrial or agricultural one , Whether the plot of land on which the building is constructed or is about to be constructed is freehold or leasehold.

 An Advocate can help you for buying a land in Kerala
Better consultation with an advocate is good for checking all relevant documents regarding the property. Other wise legal issues could not easily found and solve the issues in future or you may face problems when you wish to sell the property. 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 the loan against the property. Documents relevant to the Land / Project / Building / Apartment are important documents for scrutuny.

 Land documents that you should check before you buy land 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 purchaser. Conveyance is the act of transferring ownership of the property from a seller to the buyer. This document will help you ascertain whether the flat in an apartment complex which you are buying, is on land belonging to the society/ builder/development authority in which the property is located.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 only him and no other person.It is better to get the original deed examined by experts. 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 & purchasers 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 .Sometime 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-Register 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 for obtain, it depending upon the number of years. In an emergency there is a provision for paying “double fees" for getting it immediately. This certificate will show the genuiness of owners title....The normal course the certificate will be full proof document, but there can be clerical errors from the Sub-Registrar Office, our vigilances 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 obtained from the village office concerned for obtaining this certificate an application on white paper affixing the required court fee stamp addressed to the Village Officer concerned . 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. It contains distance from main station 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 the detailed description of the same will be mentioned in the location map.

7. Non -attachment Certificate

The village officer through the Tehasildar should note any revenue recovery regarding to any legal issue.

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 made 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. It is mandatory for the developer to annex a copy of these reports in the "Agreement for Sale" with the intended purchaser of the apartment.
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 plant 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 purchaser. 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.



We find you the best buyers and Sellers for your Kerala property real estate needs
Villas, Land, House plot, commercial plots, plantation estates.
We will get you the best property deals in these locations Kochi, Kozhikode, Kannnur, Waynad, Thrissur, Palakkad , Malappuram and Kasargod,


Please send details of your properties/requirement to dland.developers@gmail.com
or Contact us  91 99 95 22 09 66


dLand Propery Builders and Promoters