Buying Land in Kerala: Common Scams & Legal Issues to Avoid (2025)

Kerala, renowned for its natural beauty and cultural heritage, is a desirable location for real estate investment. However, the land buying process in Kerala can be complex, and unsuspecting buyers often fall prey to scams or get entangled in legal disputes. This guide highlights common ways buyers get cheated or face legal issues when purchasing land in Kerala, along with crucial tips to protect yourself.

Common Scams and Legal Issues for Land Buyers in Kerala:

1. Fake Title Deeds and Documents (Fake Patta/Pokkuvaravu):
   • The Problem: Scammers often create forged title deeds (Patta), Pokkuvaravu (transfer of title), and other essential documents to show ownership of land they don’t legally own.
   • How to Avoid:
     • Verify with the Village Office/Online Portal: Cross-check the authenticity of the Patta and other documents at the concerned Village Office or through the Revenue Department’s online portal (e-Revenue).
     • Engage a Reputable Lawyer: A lawyer specializing in property law can verify the genuineness of documents and conduct thorough due diligence.
2. Multiple Sales of the Same Property:
   • The Problem: Unscrupulous sellers might sell the same plot of land to multiple buyers, creating severe ownership disputes.
   • How to Avoid:
     • Thorough Encumbrance Certificate (EC) Check: Obtain an Encumbrance Certificate (EC) for at least the past 30 years from the Sub-Registrar’s Office (SRO) to identify any registered transactions on the property.
     • Detailed Legal Scrutiny: Your lawyer should examine all previous sale deeds and related documents to ensure a clear chain of ownership.
     • Public Notice: Consider publishing a public notice in a local newspaper about your intention to purchase the property to invite any objections from existing claimants.
3. Land Without Proper Access (Pathway Disputes):
   • The Problem: Some plots might lack legal access roads, leading to disputes with neighboring landowners. Sometimes a right of way may be included, but not built, or it might be illegally narrow.
   • How to Avoid:
     • Physical Verification: Always visit the site and verify the existence and width of access roads.
     • Check Village Records: Ensure that the access road is documented in the Village records and on any relevant survey maps.
     • Consult with Neighbors: Talk to neighboring landowners to confirm the history and legality of the access road.
4. Disputes Regarding Land Boundaries:
   • The Problem: Unclear or disputed boundaries can result in conflicts with neighbors after the purchase. This is especially common with older properties or those not properly surveyed.
   • How to Avoid:
     • Professional Land Survey: Engage a licensed surveyor to measure the land accurately and demarcate the boundaries before finalizing the purchase.
     • FMB Sketch: Obtain the Field Measurement Book (FMB) sketch from the Village Office to verify the official boundaries.
     • Boundary Stone Verification: Ensure that the boundary stones are in place and match the FMB sketch and survey report.
5. Violation of Land Use Regulations (CRZ, Paddy Land, etc.):
   • The Problem: Buying land that violates Coastal Regulation Zone (CRZ) rules, the Kerala Conservation of Paddy Land and Wetland Act, or other land use regulations can lead to legal complications, including demolition orders.
   • How to Avoid:
     • Check Land Classification: Verify the land’s classification (e.g., residential, agricultural, commercial) with the local authorities.
     • CRZ Clearance: If the property is near the coast, ensure it has the necessary CRZ clearance.
     • Paddy Land Conversion: If buying paddy land or wetland, understand the strict regulations and procedures for conversion to other uses. Your lawyer can advise whether it’s advisable to pursue the land purchase.
6. Non-Disclosure of Pending Litigation:
   • The Problem: Sellers might conceal existing legal cases or disputes related to the property, which can transfer to the new buyer.
   • How to Avoid:
     • Encumbrance Certificate (EC): A thorough EC search should reveal any registered legal cases.
     • Legal Due Diligence: Your lawyer must investigate any potential legal issues by checking with relevant courts and authorities.
7. Inflated Land Value:
   • The Problem: Sellers, sometimes in collusion with brokers, may artificially inflate the land’s price, taking advantage of buyers’ lack of market knowledge. This often leads to paying more than the fair market value, making it difficult to recoup the investment later.
   • How to Avoid:
     • Independent Valuation: Obtain an independent valuation from a registered valuer to determine the property’s fair market value.
     • Market Research: Research recent land transactions in the area to understand prevailing market prices. Online property portals and local real estate agents can provide comparable sales data.
     • Guideline Value: Check the guideline value (fair value) set by the government for the area. While not always reflective of the market value, it provides a baseline.

Key Documents to Verify When Buying Land in Kerala:

• Title Deed (Patta): The most crucial document, proving ownership.
• Pokkuvaravu Certificate: Shows the transfer of title to the current owner.
• Encumbrance Certificate (EC): Reveals any registered liabilities or claims on the property.
• Possession Certificate: Confirms the seller’s physical possession of the land.
• Land Tax Receipt: Proof that property taxes are up-to-date.
• FMB Sketch: A sketch of the property and its boundaries.
• Location Sketch: Shows the property’s location about surrounding landmarks.
• Building Permit (if applicable): If there’s a structure on the land, verify the building permit.

Essential Steps for a Safe Land Purchase in Kerala:

1. Engage a Property Lawyer: This is non-negotiable. A lawyer can guide you through every step, ensuring legal compliance and protecting your interests.
2. Verify Documents: Thoroughly verify all documents at the relevant government offices (Village Office, Sub-Registrar’s Office, etc.).
3. Conduct a Site Visit: Physically inspect the property, verify boundaries, and assess the surroundings.
4. Obtain an Encumbrance Certificate (EC): Get an EC for at least 30 years.
5. Get a Land Survey: Hire a licensed surveyor to measure and demarcate the land.
6. Negotiate Fairly: Research market values and negotiate a fair price based on independent valuations.
7. Draft a Detailed Sale Agreement: Ensure the sale agreement clearly outlines all terms and conditions, including payment schedule, possession date, and dispute resolution mechanisms.
8. Register the Sale Deed: Register the sale deed at the Sub-Registrar’s Office to legally transfer ownership.
9. Apply for Mutation (Pokkuvaravu): After registration, apply for mutation of records at the Village Office to reflect the new ownership in the revenue records.

Conclusion:

Buying land in Kerala can be a rewarding investment, but it requires careful planning and due diligence. By understanding the common scams and legal issues, verifying documents meticulously, and seeking professional legal assistance, you can minimize risks and ensure a smooth and secure land purchase. Remember, investing in expert advice upfront can save you from costly legal battles and financial losses in the long run.

Disclaimer: This article provides general information and should not be considered legal advice. Consult with a qualified property lawyer in Kerala for specific guidance on your land purchase.