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Legal Advice

 

What is meant by land transaction agreement?
Ans. Agreement is a contract with buyer and seller with the help of witness , it is the first step of land transaction, after selecting a property –seller agree to sell his property and buyer agree to buy with certain specific terms and conditions.These conditions include property value, property extension, period of documentation, advance amount, terms regarding property encumbrance, possession, pervious document details ,if there any building and furniture, area of the building (in sqft), furniture details if it is included in sale consideration amount, if the property consist any type of plantations ,a brief description of that etc. The buyer or seller violate their agreement terms – which is punishable of law or which kind of penalty thy face is also written in this agreement – this agreement is prepared on stamp paper the minimum value is Rs 50 and above is used .

The stamp paper for POA: Since the stamp paper is just a single paper, but the matter is more than 2 pages, are they typed on a plain paper and attached to the original stamp paper, which shows the value ?

Ans.Take a stamp paper and mention "P.T.O." on the down right side, then use watermark plain paper (mainly using to letterheads, bond papers) for attach with stamp paper, give proper page number, and make same signature in both of the paper (Stamp & plain paper) another option if you want to use Rs. 100 stamp paper, then you purchase two stamp paper of Rs. 50 and use it. Now available on different rate of stamp paper is available like, Rs. 10, 20, 50, 100 etc.

I have some property in Kerala, and is currently residing in Maharashtra. I am planning to give a power of attorney in my brother's name to act on behalf of me to deal with the property matters, which include sale as well as purchase of property in my name.My question is can I make a general power of attorney in favour of my brother in Maharashtra? Does it require registration? or just a attestation is enough to make the POA valid? Is it mandatory that the stamp paper from Kerala to be used?

Ans.In India all stamp papers are made by central govt. and they issue this papers to the defferent state with there requirement, after receiving it every state put thereon state seal . That paper can use legaly on that state for documentation . You have the right to bring the stamp paper from Maharashtra & make a Power of Attonery on your nomince name , and it must registered in your local register office with that state registrtion law .This power of attrony valued in any state in India . According to kerala stamp paper Power of attorney law : You must sign on stamp paper before the registerar & put the photo & thamp impression on the stamp paper of both the parties ( Power of attorney issuer & holder ) , for making power of attorney stamp paper price is different according to kerala law .

I heard some restriction are being taken by government to construct building in state and national highways side can you give some clarification about this?

Ans.Orders have issued by State Chief Engineer (NH) regarding prohibition of building construction on both sides of 8 National High Ways within a width of 35 mtrs. This road prohibits not only new construction but also the expansion of existing structures. The rule came into effect since 13th Feb. 2008. As a result thousands of people to purchased land to construct houses and other buildings has in dilemma. Valayar – Kaliykavila (NH47), Thalapady – Edappally (NH17), Bodimet – Kundannur (NH49), Ekundanur – Wellington Isaland (NH47), Kollam – Aryankavu – (NH 200), Kozhikode-Muthanga (NH212), Palkkad – Kozhikode (NH213), Kollam – Kumali (NH220) are the eight national highways for which the rule effects. For those works for which sanction from High Way Engineer has received before 13th Feb. 2008 has excluded from the order. But the period of completion of such works is limited to three years.

What is the Present kerala land registration procedure for NRI's?

Ans.As per the present land registration procedure introduced by the Government of Kerala on 7th May, 2007 It has become mandatory to add photos and thumb impressions of very buyer and seller on stamp paper at the time of documents registration. This is to stop fake transactions ( selling and buying of land in the state). This decision is very difficult to every NRIs to buy or sell land in their dream land in kerala. but now some exemption given for NRIs , that the Govt. exempt NRIs from personal appearance when selling or buying land in Kerala. For this 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.

What is the procedure of applying for the Resident Certificate?
Ans.Application duly written in a white paper, with court fee stamp worth rupees five should be submitted to the Village Officer. The proof of residence such as ration card or the copy of voters Identity card should also be attached.

What is the procedure of applying for the Certificate of Possession and where to apply?
Ans.Application duly written in a white paper with the Court fee stamp worth rupees five should be submitted to the Village Officer, along with the proof of documents such as ration card.

What is the procedure of applying for the Valuation Certificate?
Ans.Application duly written in a white paper should be submitted to the Tahasildar with a court fee stamp worth rupees five along with the necessary documents of proof such as that of property. Village officer or Revenue Inspector after necessary inquires will issue the certificate.

What is the procedure of applying for the Solvency Certificate?
Ans.For below 5000 rupees Application duly written in a white paper with court fee stamp worth rupees five should be submitted to the Village Officer, along with the proof documents required such as that of property or 12 years of "kudikidappu". For more than 5000 rupees Application duly filled should be submitted to the Tahasildar, with a stamp paper worth 50 rupees along with the documents of property, or the "kudikidappu" certificate of 12years. Tahasildar will be issuing the certificate based on the report of the Village Officer or Revenue Inspector.

 
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