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Expertise

Civil & Real Estate

Advice and representation on land and property, from checking title before a purchase to resolving a dispute after it.

Overview

Property is often a family’s largest asset, and mistakes in title or documentation are expensive to correct. We help clients check what they are buying, document the transaction properly and, where a dispute arises, resolve it in the right forum.

Land in Kerala has its own documentary and regulatory landscape: revenue records, classification of land, local restrictions and, near the coast, environmental controls. We verify these at source rather than relying on what is handed to us.

We act for individuals, developers, landowners and institutions in Ernakulam and across Kerala.

Forums

Civil Courts and Munsiff Courts
High Court of Kerala
Kerala Real Estate Regulatory Authority
Revenue authorities and Sub-Registrar offices

Other areas

Dispute Resolution
Corporate & Commercial
Constitutional Law
Areas of work

Title investigation

Examination of the chain of title, the encumbrance certificate, possession and land tax records, and the village and local body records. We also check for restrictions that affect use, such as land classification under the Kerala Conservation of Paddy Land and Wetland Act, 2008 and, near the coast, coastal regulation zone rules.

Conveyancing

Sale deeds, agreements for sale, gift, release and settlement deeds and leases, with attention to stamp duty under the Kerala Stamp Act, 1959 and compulsory registration under the Registration Act, 1908.

Property disputes

Suits for declaration of title, injunction, possession, partition and specific performance, where limitation, the pleaded title and the documentary record usually decide the outcome.

Succession and wills

Drafting and proving wills, probate and letters of administration, succession certificates and family settlements, under the personal law or the Indian Succession Act, 1925 as applicable.

Landlord and tenant

Lease documentation, rent and eviction proceedings for buildings under the Kerala Buildings (Lease and Rent Control) Act, 1965 and the Transfer of Property Act, 1882.

Real estate regulation

Advice to buyers and promoters under the Real Estate (Regulation and Development) Act, 2016, including project registration, agreements for sale, and complaints before the Kerala Real Estate Regulatory Authority for delay or defects.

How a matter proceeds
  1. 01

    Collect and review

    We gather the title documents and records and review them against the transaction or dispute at hand.

  2. 02

    Verify at source

    We check registries, revenue offices and local authorities, and not only the copies provided.

  3. 03

    Advise and document

    We give a clear opinion on title and risk, and draft documents that will withstand a future challenge.

  4. 04

    Resolve

    Where a dispute exists, we pursue correction of records or negotiation first, and litigation when it is needed.

Common questions

Frequently asked questions.

General information only. Your circumstances may differ, and this is not legal advice.

How far back should title be checked?

There is no fixed rule. In practice, title is commonly traced back at least thirty years, but the right period depends on the property and its chain of ownership. Gaps or unexplained transfers in the chain need to be explained before you proceed.

Is registration of a sale deed mandatory?

Yes. A sale of immovable property above a nominal value must be made by a registered instrument to transfer title. An unregistered sale deed generally does not pass ownership, so registration is not a formality to be postponed.

I am buying an apartment in an under-construction project. What should I check?

Check that the project is registered with the Real Estate Regulatory Authority, review the approvals and the promoter’s title, and read the agreement for sale for the possession date and the consequences of delay before you pay any substantial amount.

Speak to the chambers about your matter.

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