NRI buying/selling land registration process - Indian Real Estate Forum

naariyalwala · 19-10-08

Hi,

I am Indian national and my wife is a foreigner (and holder of PIO card) and we both are living abroad.

In 2007, we bought a property (50cents) in Kerala which was registered on my name and wife’s name. There is this law states that PIO card holder may not buy agricultural/plantation land in India. In our case, on the original document (original patta/yam), this land has been categorized as agricultural land. Now the village/taluk officials are not accepting the tax and not willing to issue mutation certificate (pokku-varavu). Without this we cannot do anything in the land. We cannot apply for electricity or water or build house, etc.

My questions are:
1) How can we change the registration into my name ? What is the procedure ?
2) If we wish to sell this property, what will be the procedure then ?
3) If we don’t do any of the above, what kind of problems we may encounter from the State government, if we leave the land without paying tax and mutation certificate ?

I hope somebody can give us some tips, useful info and guidance.

Many thanks in advance.

naariyalwala · 21-10-08

Hi,

We are planning to cancel the registration and transfer the property on my father’s name who is a resident of India. The Seller is willing to cancel the registration but the Registrar needs ‘No Objection’ letter from us since the land has been registered in our names.

Does anybody know the contents of such NOC letter ? Any sample NOC or any guidance will be appreciated.

Thanks in advance.

19-10-08	#1
naariyalwala New Member Join Date: Oct 2008 Location: Netherlands Posts: 3 Thanks: 0 Thanked 0 Times in 0 Posts	NRI buying/selling land registration process Hi, I am Indian national and my wife is a foreigner (and holder of PIO card) and we both are living abroad. In 2007, we bought a property (50cents) in Kerala which was registered on my name and wife’s name. There is this law states that PIO card holder may not buy agricultural/plantation land in India. In our case, on the original document (original patta/yam), this land has been categorized as agricultural land. Now the village/taluk officials are not accepting the tax and not willing to issue mutation certificate (pokku-varavu). Without this we cannot do anything in the land. We cannot apply for electricity or water or build house, etc. My questions are: 1) How can we change the registration into my name ? What is the procedure ? 2) If we wish to sell this property, what will be the procedure then ? 3) If we don’t do any of the above, what kind of problems we may encounter from the State government, if we leave the land without paying tax and mutation certificate ? I hope somebody can give us some tips, useful info and guidance. Many thanks in advance.

21-10-08	#2
naariyalwala New Member Join Date: Oct 2008 Location: Netherlands Posts: 3 Thanks: 0 Thanked 0 Times in 0 Posts	NOC for cancelling the registration Hi, We are planning to cancel the registration and transfer the property on my father’s name who is a resident of India. The Seller is willing to cancel the registration but the Registrar needs ‘No Objection’ letter from us since the land has been registered in our names. Does anybody know the contents of such NOC letter ? Any sample NOC or any guidance will be appreciated. Thanks in advance.

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