This FAQ section addresses common questions related to buying land in India, focusing on Kerala and Tamil Nadu

Buying Land in India: General Questions

  • Q1: What are the key documents required when buying land in India?
    • A: Essential documents include the title deed (Patta), sale deed, encumbrance certificate (EC), property tax receipts, and, if applicable, a release certificate (if the land was previously mortgaged). For land in Tamil Nadu, you’ll also need the Chitta and ‘A’ Register Extract.
  • Q2: What is an Encumbrance Certificate (EC), and why is it important?
    • A: An Encumbrance Certificate (EC) reveals any registered legal claims or liabilities on a property, such as mortgages, loans, or pending litigation. It’s crucial to obtain an EC for at least 15-30 years to ensure the property is free from encumbrances before buying.
  • Q3: What is the difference between guideline value and market value?
    • A: Guideline value (also known as circle rate or ready reckoner rate) is the minimum value set by the government for property registration and stamp duty calculation. Market value is the actual price at which a property is sold in the open market, which can be higher or lower than the guideline value.
  • Q4: What are the common ways buyers get cheated when buying land?
    • A: Common scams include fake title deeds, multiple sales of the same property, disputes over boundaries or access roads, and non-disclosure of pending litigation.
  • Q5: What is Stamp Duty?
    • A: Stamp duty is a tax levied by state governments on the transfer of property. It’s calculated as a percentage of the property’s transaction value or guideline value, whichever is higher. Rates vary by state and can depend on factors like property type, location, and the buyer’s gender.

Buying Land in Kerala: Specific Questions

  • Q6: What are the common legal issues faced by land buyers in Kerala?
    • A: Common issues in Kerala include fake title deeds (Patta), land without proper access, boundary disputes, violations of CRZ rules or the Paddy Land and Wetland Act, and non-disclosure of existing litigation.
  • Q7: How can I verify the authenticity of land documents in Kerala?
    • A: Verify documents at the concerned Village Office or through the Revenue Department’s online portal (e-Revenue). Engage a lawyer to conduct thorough due diligence.
  • Q8: What is Pokkuvaravu, and why is it important in Kerala?
    • A: Pokkuvaravu is the process of transferring the title of the property in the revenue records after the sale deed is registered. It’s crucial for establishing legal ownership in Kerala.

Buying Land in Tamil Nadu: Specific Questions

  • Q9: What is Patta, Chitta, and ‘A’ Register in Tamil Nadu?
    • A: Patta is the legal document proving ownership. Chitta is an extract from the Patta maintained by the VAO and Taluk office, containing details about the land and its owner. The ‘A’ Register is maintained by the VAO and contains details of all land within a village.
  • Q10: How do I verify land ownership in Tamil Nadu?
    • A: Insist on seeing the original Patta and verify it online through the Tamil Nadu Land Records website (eservices.tn.gov.in). Obtain an EC, Chitta, ‘A’ Register Extract, and FMB sketch.
  • Q11: What is an FMB sketch, and why is it important in Tamil Nadu?
    • A: The Field Measurement Book (FMB) sketch is a detailed map of the property and its boundaries, maintained by the Land and Survey Records Department. It’s crucial for verifying the property’s dimensions and boundaries.

Stamp Duty in India: Specific Questions

  • Q12: How are stamp duty rates determined in India?
    • A: Stamp duty rates vary by state and are determined based on factors such as property location (urban/rural), property type (residential/commercial), transaction value, and sometimes the buyer’s gender.
  • Q13: Where can I find the latest stamp duty rates for my state/city?
    • A: Refer to the official website of the respective state’s Registration and Stamps Department.
  • Q14: Are there any concessions on stamp duty for women in India?
    • A: Yes, several states offer stamp duty concessions to women property buyers. For example, Delhi, UP, Punjab, Haryana, and Rajasthan.