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Legal tips for buying agricultural land in Kerala

Legal tips for buying agricultural land in Kerala

Be it for building Villas or flats in Kerala, buying agricultural land in Kerala should be done with extreme caution! There are some limited restrictions and ensure that there are no legal disputes or hassles over the land before you start the process. But before taking the leap, consider all aspects effectively so as to avoid any legal hassles in future.

Agricultural to Non-Agricultural Land Conversion Certificate

If you are buying agricultural land, ensure that you get a conversion certificate issued from revenue authorities. A no-objection certificate or NOC from the township is also mandatory to avoid future legal issues. Any construction activity or development to be done on agricultural land, should take place only after converting the land into non-agricultural use.

Guidelines to convert agricultural land into non-agricultural land:

  • Submit an application to the concerned authorities, clarifying the reason behind conversion along with sale deed, tax paid receipt and mutation letter, along with details like the dimensions and extent.
  • Fees according to the property and locality, should be paid.
  • After reviewing the application, the authorised person, like the deputy commissioner or the collector, will permit conversion of the land if all necessary conditions have been met and no litigation is pending on the land.
  • After receipt of the official conversion certificate, the agricultural land is declared non-agricultural land.

Other documents needed:

Title deed of the land plot

This deed verifies the name of the seller and his right to sell the property. If there is more than one owner, a release certificate from the listed owners is compulsory, before registration can take place under the supervision of a lawyer.

Agreement

The seller and buyer signs a written agreement in the presence of a lawyer that states the cost, advance payment made and the time or period of sale etc.

Stamp duty on the land

Stamp duty is a valid proof of ownership in front of the court of law. It’s a compulsory government-imposed tax on a property. 

Registration of the land

The transfer of property takes place only when a document signed by both parties is registered in the registrar office. House tax receipts, original Title deed, and previous deeds, and the presence of two witnesses, are compulsory at the time of registration.

Conveyance deed/Sale deed of the land

A Conveyance/Sale deed is a document that bears the ownership of the property amongst other details such as measurement of the plot, boundary details etc.

Encumbrance certificate

This certificate availed from the sub-registrar’s office is a valid proof that tells the land has no legal duties or complaints. 

Tax receipts and bills

Ensure that there are no outstanding notices or requests relating to the property, including any water, electricity or other taxes.

Changing the title of the land

After completing all legal procedures, the name of the new owner of the property is added to the village office record.

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