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Real Estate Law
Land in Kerala carries more history than most buyers realise. A plot may have passed through several family partitions, been mortgaged and released, been classified as paddy land in the government data bank, or have a boundary that differs from what the survey records show. Most property disputes can be traced back to something that should have been noticed before the documents were signed.
Adv. K Rajesh Kannan, a High Court of Kerala advocate with over 24 years of practice, advises buyers, sellers, families and landowners on property transactions and disputes, and takes up property matters before the High Court of Kerala. The work ranges from checking title before a purchase and preparing sale, gift, settlement and partition deeds, to mutation, land record corrections, builder disputes and rent control matters. Property suits before the civil courts and Rent Control Court cases in Ernakulam are also handled through the office.
Many clients are Keralites living abroad who are buying, selling or managing property here and cannot personally visit every office involved. Documentation, verification and registration can be coordinated for them, including through a properly drafted power of attorney.
Real estate matters handled include:
- Legal scrutiny of title before purchase
- Sale, gift, settlement and partition deeds
- Mutation (pokkuvaravu) and correction of land records
- Paddy land and data bank issues
- Disputes with builders over delayed handover, defects and refunds
- Rent control and eviction cases
- Property disputes and injunction suits
- Land conversion, building permits and land tax issues
Questions people often ask
What should be checked before buying land in Kerala?
At a minimum, the title deed and prior documents, a recent encumbrance certificate from the Sub Registrar’s office, the latest land tax receipt, a possession certificate and location sketch from the Village Office, and whether the land is included in the paddy land and wetland data bank. For flats and new projects, the building permit, occupancy certificate and K-RERA registration also matter.
Can NRIs buy property in Kerala?
Under the foreign exchange rules, non-resident Indians and OCI cardholders can buy residential and commercial property in India. They cannot buy agricultural land, plantation property or a farm house, except by inheritance.
My land is shown as paddy land in the data bank. Can this be corrected?
Land included in the data bank is subject to restrictions under the Kerala Conservation of Paddy Land and Wetland Act, 2008. Where land has been wrongly included, an application can be made to the Revenue Divisional Officer to correct the entry. The outcome depends on the land’s actual history and condition, so the records should be checked carefully first.
How are tenants evicted in Kerala?
Eviction of tenants from buildings is governed by the Kerala Buildings (Lease and Rent Control) Act, 1965, and is ordered by the Rent Control Court on specific grounds such as arrears of rent or the landlord’s bona fide need.
To discuss a property matter, you can book a consultation or call the office on +91 94472 90234.
This page gives general information about the law in Kerala. It is not legal advice on any particular case.
