Buying property is a major decision and requires much planning and saving. While it brings on euphoric feelings of accomplishment and pride, you do need to remain focused and sharp throughout the procedure as a large sum of money is involved.
Aside from making a decision on which plot of land to buy, you need to understand all the rules and regulations associated with the registration of property too. Land registration is governed by Section 17 of the Indian Registration Act, 1908 and it says that every immovable property above the value of Rs.100 should be registered to ensure a clear transfer of ownership title to the buyer. In Kerala, it’s the Registration Department that handles property registration and stamps duty charges. Here’s a simple breakdown of the steps involved in land registration in Kerala:
Selecting a Plot
The first step of course is to finalize on a plot that suits your needs as well as your budget. The location of the plot should be such that its value would grow in the coming years too. Conclude the final price and terms and tenure of payment.
Before signing on the sale agreement, meet up with a property lawyer and take their legal opinion too. He will do a detailed search of all the related property documents and provide you with a legal title report on the property you are planning on buying. This usually takes 3-5 working days. Once you get a clear report on all the relevant facts related to the title of the land, you can proceed with buying it.
The change of title of a plot is known as mutation of property in the Revenue Records. This is relevant for tax collection purposes. However, this is not conclusive proof of ownership of property and a Village Re-survey along with the implementation of the ROR (Record of Rights) procedure should be done to obtain a ROR certificate and complete the property registration process. A ROR is the primary record of the plot and proves that you hold ownership of the plot.
An encumbrance certificate is obtained from the Sub-Registrar’s office and verifies that there are no unpaid debts, loans or leases against the property. Ensure that the encumbrance certificate covers at least the last 30 years.
Signing the Sale Agreement
The agreement should be signed on a stamp paper in the presence of two witnesses and mention the terms and conditions of sale, the property value, map of property, advance paid, possession date, previous document details, etc. If there is any building or plantation on the said property, then include a brief description of that too. All these features are necessary for registering the property in Kerala. Legal penalty on violation of sale agreement should also be mentioned here.
Registering the Sale Agreement
Only a sale agreement registered at the Sub-Registrar’s office can become legally enforceable.
Registration and Stamp Duty
The stamp paper should be bought in the buyer’s name and its value will depend on the property’s purchase price. The stamp duty in Kerala is 8% (irrespective of its location in a municipality, panchayat or corporation area) and the registration fee is 2%.
Get your sale deed document drafted by a professional document writer and ensure it’s free of any technical defects resulting in future complications.
Register the land in the Sub-Registrar’s office within the time stipulated in the sale agreement. A registration fee of 2% of the fair value of the land is chargeable as per the government of Kerala.
For those looking to buy land in Trivandrum, there are premium housing plots to be had in the Venkode area in the city suburbs. Known as Emerald Hills, there are 63 residential plots within an 11-acre gated community project with areas ranging from 7.8 cents to 23.6 cents.
The plots come with paved inner roads, street lights, avenue trees, stormwater drainage and provision for underground electricity and water connectivity. The plot owners also have access to a clubhouse, a futsal court as well as a children’s play area. These plots in Trivandrum are just 9km from Kowdiar junction and 15km from Technopark, making Emerald Hills an excellent investment opportunity.
Make the right move and buy a plot today!