The ever changing rules and regulations on land registration, often confuses NRIs. One of the most common issue is the lack of information about how to buy / sell land without being physically present in Kerala. A regulation change, last year, made it a requirement for the buyer and seller to be present at the registration office for the transaction and affix photo and finger print.
According to some web sites "the NRIs could send the power to his family members or others to get the document registered in their name through a power of attorney , this power attonamy stamp charge is normal for to direct blood relative and for others stamp charge is high, in this case also buyer and seller must produce their thump impression and photo at the time of registration, it can be sent through email or fax "
Following is the information I received from a NRI friend who went through a registration(BUY) last month. A power of attorney was not required for a purchase. In this case NRI was a buyer. To be able to sell , I think it requires to have a power of attorney towards the representative in Kerala, apart from following documents.
NRI buying land without personally appearingStep 1: Find the fair value / thara vila for the property. Mostly any adhahram ezhuthu vendor or the broker can find this information for you. Your registration price must be above this value.
Step 2: Buy Stamp Duty Paper / Mudra Pathram for the registration price. Stamp paper could be bought from adhahram ezhuthu vendors or local govt treasury.
Step 3: Mail One Stamp Duty Paper (of the highest value is preferred, if there are multiple) to the NRI who is involved.
Step 4: NRI need to paste a PASSPORT SIZE PHOTO on the Stamp Duty Paper and place the LEFT THUMP IMPRESSION (left thump finger print) on the appropriate place. THUMP IMPRESSION must be overlapping the photo and stamp paper.
The sellers photo must be pasted immediately after the logo on the stamp paper
The buyers photo must be pasted immediately after the sellers photo.
Step 5: Attach attested/notarized copies of identity and address proof and documents to prove the NRI status. Identity proof can be passport first page. Foreign Address proof can be employment letter and NRI status proof could be copy of visa. Caution : Double check with the local registration office , what documents do they accept.
Step 6: The NRIs representative can be present with the above stamp paper and documents to execute the registration
There are some details here as well.
Kerala govt exemptsNRIs
Though this is from a real experiance, to avoid troubles, It is advisable to double check the process directly with someone in the specific registration office in advance.
There is a risk involved in sending a blank stamp paper(the details are written usualy at the time of registration) with finger print. Some else getting hold of it might cause big troubles and long legal battle. I think the initial rule (requirement for physical presence) was made without enough thinking and later they bend it to accommodate NRIs.
Also it is possible to find this information from a ‘ADHARAM EZHUTHU’ (vendor) agency/individual who has experiance with the specific registration office where the transaction will be registered.
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