--- title: "Property, revenue and RERA — Civil, consumer & property" description: "Property, revenue and RERA: 25 matters, each with the law, forum, procedure, documents and limitation. Title verification – 13-year EC chain; Agreement for…" url: "https://advaslam.com/practice/civil-consumer/matters/property-revenue-rera/" image: "https://advaslam.com/og.png" --- Civil, consumer & property # Property, revenue and RERA 25 matters from the Civil, consumer & property index. Each entry sets out the problem, the law, the forum, the procedure, the documents usually needed and the limitation clock. General information only — verify the current position on your facts before acting. **Contents** 1. Title verification – 13-year EC chain 2. Agreement for sale – advance forfeiture (Sec.74 Contract Act) 3. Sale deed – drafting and registration 4. Mortgage – simple vs equitable 5. Lease vs licence test 6. Stamp adjudication – Collector opinion 7. Mutation / pokkuvaravu 8. Survey – FMB, resurvey, boundary 9. Easement of necessity 10. LARR reference – Sec.64 11. Paddy-land 27A (Form-6) – Kerala Conservation Act 12. Paddy-land 27B – Farhana principles 13. Building permit – Tribunal for LSGIs 14. Demolition notice – Sec.235 Municipality / Panchayat 15. Conveyance – UDS apartment (Ernakulam) 16. Caretaker / licence arrangement for NRI property 17. K-RERA complaint – builder delay / deviation 18. RERA appeal – Tribunal (REAT) 19. Boundary / encroachment – revenue + civil track 20. Title suit – declaration + possession 21. Partition / release / gift deeds – registration 22. NRI gift of property 23. NRI PoA for property management 24. Rent-control eviction S.11 petition (bona fide need / arrears) 25. Kerala Land Reforms Act revision – CRP(LR) before the High Court ## Title verification – 13-year EC chain Buying flat / land in Ernakulam – need clear title before advance. What it involvesOwnership chain, encumbrances, court attachments, prior agreements. Relevant lawTransfer of Property Act; Registration Act; Kerala revenue records practice. ForumSub-Registrar / Village Office verification (feeder); disputes → Sub Court Ernakulam → RFA to HC. Procedure & stage13-year EC, prior deeds, tax/mutation, litigation search, physical possession check. RemedyRisk note with curable vs fatal defects, negotiation for cure. High Court connectionDefective titles become declaration/cancellation appeals in HC. Documents normally requiredSeller title deed, prior chain, EC, tax receipts, ID, approved plan. LimitationComplete before agreement advance; EC lag – apply early. **Related:** Agreement-forfeiture, sale deed. **Is EC alone enough?** No – EC + deed chain + possession + court search together. ## Agreement for sale – advance forfeiture (Sec.74 Contract Act) Buyer defaulted – can seller forfeit advance? Buyer cancelled – refund? What it involvesEarnest vs advance, genuine pre-estimate vs penalty. Relevant lawSec.73-74 Indian Contract Act; Specific Relief Act. ForumCivil Court Ernakulam → HC appeal. Procedure & stageNotice invoking clause, quantification, suit for forfeiture/ refund. RemedyRetention only of reasonable earnest / proved loss; balance refundable. High Court connectionForfeiture quantum is frequent RFA issue. Documents normally requiredAgreement, payment trail, breach notices, resale loss proof. Limitation3 years from breach/refusal. **Related:** Specific performance, stamp. **Does agreement clause alone decide forfeiture?** No – court tests reasonableness under Sec.74. ## Sale deed – drafting and registration Need enforceable conveyance without future objection. What it involvesTitle recitals, consideration, possession, indemnity, schedule. Relevant lawTransfer of Property Act Sec.54; Registration Act Sec.17-49; Kerala stamp rules. ForumSub-Registrar Ernakulam; disputes → civil court → HC. Procedure & stageTitle check, draft, stamp payment, registration with witnesses, mutation after. RemedyRegistered title with priority under Sec.47-48. High Court connectionRegistration objections/errors surface in declaration appeals. Documents normally requiredChain deeds, EC, tax receipts, ID/Aadhaar, plan, PAN for value threshold. LimitationRegister promptly – sale of tangible immovable property of Rs.100 and upwards can be made only by registered instrument (TPA S.54). **Related:** Mutation, stamp adjudication. **Is notarised sale agreement equal to sale?** No – only registered sale deed conveys. ## Mortgage – simple vs equitable Availing loan against Ernakulam property – which mortgage mode? What it involvesRegistration, possession, SARFAESI implications. Relevant lawTransfer of Property Act Sec.58-60; Registration Act; SARFAESI Act for notified debts. ForumSub-Registrar / DRT feeder as applicable; civil disputes → Sub Court → HC. Procedure & stageTitle deposit with memorandum (equitable) or registered deed (simple/English), EC entry. RemedyEnforceable security with redemption right preserved. High Court connectionRedemption / priority appeals to HC. Documents normally requiredTitle deed, EC, tax receipts, loan sanction, ID. LimitationCreate before disbursal; redemption within limitation on closure. **Related:** Title verification, consumer-bank (separate track). **Is unregistered equitable mortgage valid?** Yes by deposit in notified town with memorandum, but registration strengthens proof. ## Lease vs licence test Shop / portion given on "leave and licence" – tenant claims tenancy. What it involvesExclusive possession + intention test, not label. Relevant lawT.P. Act Sec.105 (lease); Indian Easements Act Sec.52 (licence); Kerala Buildings (Lease and Rent Control) Act applicability. ForumRent Control Court / Munsiff Ernakulam → appellate → HC revision. Procedure & stageDocument audit, termination notice, possession suit in correct forum. RemedyCorrect-forum possession + arrears/mesne profits. High Court connectionCharacterisation appeals/revisions to HC. Documents normally requiredAgreement, payment receipts, possession correspondence. LimitationAct on expiry – acquiescence weakens licence plea. **Related:** Possession-licence, caretaker. **Does registration as licence conclude the issue?** No – substance over form. ## Stamp adjudication – Collector opinion Unclear stamp duty on development / PoA / partition / release instrument. What it involvesCorrect stamp to avoid impounding. Relevant lawKerala Stamp Act, 1959 – Sec.31 adjudication; Sec.33-39 impounding. ForumDistrict Collector (Stamp) Ernakulam; reference → HC on law. Procedure & stageApplication with draft instrument, Collector opinion, pay assessed duty. RemedyImmunity from later under-stamp objection. High Court connectionStamp-reference / writ on adjudication legality to HC. Documents normally requiredDraft deed, valuation, prior deed, ID. LimitationAdjudicate before execution; unstamped instruments impounded when produced. **Related:** Sale deed, partition deed. **Can deficit be paid later with penalty?** Yes but costlier – adjudicate early. ## Mutation / pokkuvaravu Purchased property – tax receipt still in seller name. What it involvesRevenue record updation, not title creation. Relevant lawKerala Land Tax Act; Transfer of Registry Rules; revenue standing orders. ForumVillage Officer / Tahsildar, Ernakulam; appeal to RDO/Collector; writ to HC on illegality. Procedure & stageApplication with registered deed, tax receipts, ID; hearing on objections. RemedyThandaper transfer + tax acceptance. High Court connectionMutation refusals tested in writ before HC. Documents normally requiredRegistered deed, EC, prior tax receipt, ID. LimitationApply immediately after registration – delays stall resale/loans. **Related:** Survey, sale deed. **Does mutation prove ownership?** No – it is fiscal record; title proved by deed + civil decree. ## Survey – FMB, resurvey, boundary Boundary overlap / extent mismatch in Ernakulam plot. What it involvesField Measurement Book, resurvey records, possession vs records. Relevant lawKerala Survey and Boundaries Act, 1961; revenue manuals. ForumTaluk Surveyor / Tahsildar; suit for fixation → Munsiff Ernakulam → HC appeal. Procedure & stageSurvey application, FMB comparison, demarcation, suit for boundary fixation if contested. RemedyDemarcated boundary with sketch; decree for fixation. High Court connectionSurvey-based partition/boundary appeals in HC. Documents normally requiredTitle deed schedule, prior survey sketch, tax receipts, FMB extract. LimitationSeek survey before construction – post-construction equities complicate. **Related:** Injunction, partition final decree. **Does resurvey change title?** No – it records measurement; title decided by deed/court. ## Easement of necessity Landlocked Ernakulam plot – no access after family division. What it involvesImplied grant on severance, alternative access test. Relevant lawIndian Easements Act Sec.13 (necessity), Sec.41 (extinction on alternative). ForumMunsiff / Sub Court Ernakulam → HC appeal. Procedure & stageSuit with severance proof, commissioner for access route, injunction meanwhile. RemedyDeclared access with defined width + conditions. High Court connectionAccess-route appeals to HC. Documents normally requiredDivision deed, survey sketch, severance genealogy, access photos. LimitationFile before construction blocks route; 12-year context for prescriptive claims is separate. **Related:** Partition, injunction. **Can necessity be claimed if another longer route exists?** Generally no – strict necessity, not convenience. ## LARR reference – Sec.64 Collector award for acquired land inadequate. What it involvesMarket value + 12% p.a. additional amount + 100% solatium (S.69(2)-(3)) + interest on excess (S.72). Relevant lawRFCTLARR Act, 2013 – Sec.64 reference to Authority; Sec.69-72. ForumCollector (award) → LARR Authority (reference) → HC appeal under Sec.74. Procedure & stageWritten objection/referral application, comparable deeds, valuation evidence. RemedyEnhanced award with statutory benefits. High Court connectionAppeal to HC is the decisive tier. Documents normally requiredSec.21 notice, award, comparables, possession dates. LimitationWritten application to the Collector within 6 weeks of the award if present/represented at the award; otherwise within 6 weeks of the Sec.21 notice or 6 months of the award, whichever expires first (S.64(2) proviso); Collector may entertain it within a further 1 year on sufficient cause – act immediately. **Related:** LAR appeal Sec.74. **Is protest at award stage mandatory?** Record dissent early – acquiescence weakens reference. ## Paddy-land 27A (Form-6) – Kerala Conservation Act Land in data-bank / revenue records as paddy – need permitted use change. What it involvesStatutory conversion, not regularisation by construction. Relevant lawKerala Conservation of Paddy Land and Wetland Act, 2008 – Sec.27A; Form-6 rules; fee and report chain. ForumRDO / Collector Ernakulam with LSGD + Agriculture reports; refusal → appeal/revision → HC writ. Procedure & stageForm-6 with title, data-bank extract, reports, fee; no construction before order. RemedyPermission with conditions; then revenue-record correction and building permit. High Court connectionIllegal rejections / data-bank errors corrected in HC writ. Documents normally requiredTitle deed, data-bank extract, tax receipts, photographs, survey sketch. LimitationNo limitation but pre-construction filing is critical – post-facto equities weak. **Related:** 27B, building permit. **Does 27A apply to land already converted before the Act?** Exemptions depend on cut-off proof – document pre-Act user with records. ## Paddy-land 27B – Farhana principles RDO order on change of nature of unnotified land (Sec.27A) – rejection or conditions – need the Sec.27B appeal. What it involvesAppeal against the RDO's Sec.27A(2) order to the District Collector; alternate-remedy rule for writs (Farhana Latheef). Relevant lawSec.27B of the 2008 Act – appeal to the District Collector within 30 days of receipt of the RDO's Sec.27A(2) order; order in appeal final and not challengeable in civil court; Farhana Latheef v. RDO, Irinjalakkuda, 2025:KER:67080 (WP(C) 19920/2022, 10.09.2025) – RDO's decision on a Form 6/7/9 application is a S.27A(2) order; writ petitioner relegated to the statutory appeal. ForumDistrict Collector (Sec.27B appeal, Ernakulam); High Court only per the Farhana alternate-remedy rule. Procedure & stageCertified RDO order + grounds on legality/conditions → appeal memorandum to the District Collector within 30 days → interim-protection request; writ only per the Farhana alternate-remedy rule. RemedyAppeal disposal by the District Collector after hearing; order in appeal final and not challengeable in civil court (Sec.27B(3)-(4)). High Court connectionHC tests 27B orders for legality and proportionality. Documents normally requiredTitle chain, certified 27A order, pre/post conversion proof, tax receipts, photos, survey records. Limitation30 days from receipt of the RDO's Sec.27A(2) order (Sec.27B) – enforcement/demolition tracks run parallel; file the appeal and seek interim protection promptly. **Related:** 27A, demolition-S.235. **Does filing the 27B appeal automatically stay the RDO's order?** No – seek specific interim relief; the 30-day appeal window is strict. ## Building permit – Tribunal for LSGIs Corporation / Panchayat rejected permit or occupancy in Ernakulam. What it involvesPlan compliance, setback, FAR, paddy-land clearance linkage. Relevant lawKerala Municipality / Panchayat Building Rules; Tribunal for LSGIs constituted under S.271S Kerala Panchayat Raj Act, 1994 – appeals under S.276(4)-(5) KPR Act and S.509(6) Kerala Municipality Act, 1994. ForumLSGI → Tribunal for LSGIs (appeal/revision) → HC writ. Procedure & stageAppeal with plan, rejection order, compliance affidavit. RemedySet-aside with direction to grant / reconsider. High Court connectionTribunal orders tested in HC under Art.226/227. Documents normally requiredRejection order, approved/draft plan, title, 27A/27B order if applicable. LimitationTribunal appeal within 30 days of the notice/order (S.276(6) KPR Act; S.509(6) KM Act) – file promptly. **Related:** Demolition, 27A. **Can construction start after Tribunal stay?** Only if express stay/permission – otherwise at risk. ## Demolition notice – Sec.235 Municipality / Panchayat Provisional / confirmation order for demolition of unauthorised construction. What it involvesShow-cause, hearing, proportionality (regularisation vs demolition). Relevant lawKerala Municipality Act, 1994 S.406 / Kerala Panchayat Raj Act, 1994 S.235W (demolition or alteration of unlawful building work; compounding/regularisation proviso); Building Rules. ForumLSGI → Tribunal appeal → HC writ. Procedure & stageReply with compliance/regularisation plea, Tribunal appeal with stay, HC only after efficacious remedy. RemedyStay, remand for hearing, or regularisation direction where permissible. High Court connectionWrit on natural-justice / jurisdictional errors. Documents normally requiredNotice, plan, permit file, 27B order if relevant, photos. LimitationShow cause within the reasonable time specified in the provisional-order notice (S.406(2) / S.235W(2)) + Tribunal appeal within 30 days (S.509(6) KM Act; S.276(4),(6) KPR Act). **Related:** 27B, building permit. **Should reply be filed even if appealing?** Yes – non-reply weakens stay equities. ## Conveyance – UDS apartment (Ernakulam) Builder delaying conveyance of undivided share / common areas to association. What it involvesObligation to convey under agreement + RERA + Apartment Ownership law. Relevant lawKerala Apartment Ownership Act; RERA obligations; contract terms. ForumK-RERA / civil court → HC appeal/writ path. Procedure & stageDemand, RERA complaint or civil suit, registration of conveyance. RemedyDirection to execute conveyance + compensation track. High Court connectionRERA appellate tribunal orders → HC appeal. Documents normally requiredBuilder-buyer agreements, plan, occupancy, association records. Limitation3 years for civil enforcement from refusal; RERA timelines per project order. **Related:** RERA complaint, sale deed. **Can association sue without all owners?** Authorisation resolution + representative suit rules apply. ## Caretaker / licence arrangement for NRI property NRI owner needs lawful caretaker without creating tenancy. What it involvesLicence drafting, no exclusive possession, revocability. Relevant lawIndian Easements Act Sec.52-62; T.P. Act distinction. ForumDocumentation at Ernakulam; disputes → Munsiff → HC. Procedure & stageWritten licence with fee, duties, inspection, termination clause; police intimation where apt. RemedyRevocation + possession without Rent Control litigation. High Court connectionLicence/lease appeals to HC. Documents normally requiredTitle deed, ID of caretaker, licence deed, utility arrangements. LimitationRenew/review annually; revoke in writing on breach. **Related:** Lease-licence test, possession. **Should caretaker pay "rent"?** No – use licence fee / maintenance contribution to preserve licence character. ## K-RERA complaint – builder delay / deviation Possession delayed, plan deviated, charges added in Ernakulam project. What it involvesRegistered vs unregistered project check, agreement-for-sale compliance. Relevant lawRERA Act, 2016; Kerala RERA Rules; agreement-for-sale norms. ForumKerala RERA (Thiruvananthapuram bench) for Ernakulam projects; appeal to REAT → HC. Procedure & stageOnline complaint with agreement, payment schedule, delay computation. RemedyRefund with interest / possession with compensation, compliance directions. High Court connectionREAT orders appealable to HC. Documents normally requiredAllotment, agreement, payments, correspondence, occupancy status. LimitationFile during delay; limitation guided by continuing cause + 3-year civil analogue – do not wait till handover without protest. **Related:** Consumer-builder (alternative), conveyance. **RERA or consumer forum?** Both may be available – election affects procedure and relief structuring. ## RERA appeal – Tribunal (REAT) Adverse K-RERA order needs challenge. What it involvesDeposit condition + error correction. Relevant lawRERA Sec.44 – appeal to REAT; Sec.58 appeal to HC. ForumREAT → High Court of Kerala. Procedure & stageAppeal with pre-deposit compliance, grounds, stay application. RemedySet aside / modify / remand. High Court connectionFurther appeal to HC on substantial question. Documents normally requiredRERA order, deposit proof, project records. Limitation60 days to REAT from receipt of the order (S.44(2); later only on sufficient cause); HC appeal within 60 days of communication of the REAT order, on S.100 CPC grounds (S.58). **Related:** RERA complaint, consumer appeal. **Is pre-deposit mandatory?** For a promoter's appeal, yes – at least 30% of the penalty, or the total amount payable to the allottee with interest/compensation, or both, must be deposited first (proviso to S.43(5)); non-compliance stalls admission. ## Boundary / encroachment – revenue + civil track Neighbour encroached on Ernakulam plot / road puramboke dispute. What it involvesRevenue eviction vs civil fixation choice. Relevant lawKerala Land Conservancy Act for puramboke; civil suit for private boundary. ForumTahsildar (conservancy) / Munsiff (fixation) → appeal → HC. Procedure & stageSurvey, conservancy complaint or fixation suit with commissioner. RemedyEviction from puramboke / decreed boundary with sketch. High Court connectionConservancy / fixation appeals to HC. Documents normally requiredTitle, survey sketch, encroachment photos, prior complaints. LimitationAct promptly – prolonged acquiescence complicates injunction equity. **Related:** Survey-FMB, injunction. **Can civil court decide puramboke title?** Limited – revenue jurisdiction principles apply. ## Title suit – declaration + possession Rival deed / trespass clouds Ernakulam title. What it involvesBetter-title adjudication with possession recovery. Relevant lawSec.34 + Sec.5-6 Specific Relief; Art.65 Limitation. ForumMunsiff / Sub Court Ernakulam → RFA/RSA to HC. Procedure & stageSuit with chain, commissioner, injunction meanwhile. RemedyDeclared title + recovery + mesne profits. High Court connectionCore RFA/RSA docket. Documents normally requiredChain deeds, EC 13 years, tax receipts, possession proof. Limitation12 years from adverse possession start (Art.65); declaration 3 years from when the right to sue first accrues (Art.58). **Related:** Cancellation, execution. **Is plaintiff's title or defendant's weakness decisive?** Plaintiff must prove own title – weakness of defence alone is insufficient. ## Partition / release / gift deeds – registration Family settlement needs registered finality. What it involvesCorrect instrument to avoid future partition reopening. Relevant lawRegistration Act; Stamp Act; personal-law shares. ForumSub-Registrar Ernakulam; disputes → civil court → HC. Procedure & stageGenealogy, share working, draft, stamp, registration, mutation. RemedyConclusive shares with bar on re-agitation. High Court connectionConstruction disputes reach HC in appeal. Documents normally requiredTitle deed, genealogy/heirship, ID, prior deeds. LimitationRegister before mutation/resale; stamp adjudication first if doubtful. **Related:** Partition suit, mutation. **Is notarised family arrangement enough?** No – registered instrument + mutation needed for marketable shares. ## NRI gift of property NRI parent gifting Ernakulam property to child – FEMA + stamp issues. What it involvesDonor capacity, acceptance, registration, FEMA permissibility. Relevant lawTransfer of Property Act Sec.122-129; FEMA gift norms; Stamp/Registration. ForumSub-Registrar Ernakulam; disputes → civil → HC. Procedure & stageGift draft, valuation, registration, acceptance endorsement, mutation. RemedyIrrevocable transfer (save Sec.126 conditions). High Court connectionGift-validity appeals to HC. Documents normally requiredTitle deed, donor/donee IDs, relationship proof, prior EC. LimitationAcceptance during donor lifetime; register promptly. **Related:** Will, PoA. **Can NRI gift to resident?** FEMA rules on transfers by NRIs govern it – conditions depend on donor/donee status and property type; confirm FEMA compliance before execution. ## NRI PoA for property management NRI owner needs sale / litigation management from abroad. What it involvesSpecial vs general PoA, adjudication, scope limits. Relevant lawPowers of Attorney Act; Registration Act Sec.33; Kerala stamp on PoA. ForumEmbassy attestation → adjudication before District Registrar Ernakulam; disputes → civil → HC. Procedure & stageDraft with specific powers, attest/apostille, adjudicate within time, file with Sub-Registrar for relevant acts. RemedyLawful representation for registration/litigation. High Court connectionPoA-validity issues in RFA/RSA. Documents normally requiredPassport/OCI, property details, draft PoA, photos. LimitationAdjudicate promptly after receipt in India (stamp practice – within months). **Related:** SP-NRI-PoA, caretaker. **Can one PoA cover sale and court case?** Better to separate property-sale powers from litigation powers for clarity. ## Rent-control eviction S.11 petition (bona fide need / arrears) Tenant in arrears / landlord needs building bona fide, but self-help eviction is barred. What it involvesArrears, bona fide need, subletting and other S.11(4) grounds. Relevant lawKerala Buildings (Lease and Rent Control) Act, 1965 – S.11 eviction grounds: arrears (S.11(2)), bona fide own need (S.11(3)), sub-letting, damage, alternative building, reconstruction, non-occupation (S.11(4)), additional accommodation (S.11(8)). ForumRent Control Court Ernakulam → Appellate Authority → revision. Procedure & stageDemand notice with arrears table, eviction petition with ground-specific pleading, evidence of need/default. RemedyEviction order with time to vacate; arrears recovery. High Court connectionAppellate/revisional legality to HC; RCR track. Documents normally requiredLease deed, rent receipts/ledger, demand notice + postal proof, need proof (ownership/occupation plan), ID. LimitationArrears ground: registered notice of default first; petition only if rent + 6% interest + postal charges are not paid within 15 days of receipt (proviso to S.11(2)(b)); the order is vacated if the tenant deposits arrears with interest and costs within one month or further time allowed (S.11(2)(c)); bona fide need pleaded with specifics, not formula. **Related:** RCR revision, tenancy eviction notice (drafting). **Can landlord disconnect utilities to force exit?** No – coercive self-help invites injunction and damages. ## Kerala Land Reforms Act revision – CRP(LR) before the High Court Land Tribunal / Land Board / Taluk Land Board order on tenancy, kudikidappu, ceiling or assignment is illegal or improper. What it involvesRecord-based revision on questions of law, not re-trial; statutory finality provisions. Relevant lawKerala Land Reforms Act, 1963 – S.103 revision to the High Court on a question of law, against a final order in appeal from the Land Tribunal or a final Land Board order; filing period as prescribed (S.103(1)); S.108 applies S.5 Limitation Act; S.131 exclusion for periods stayed under repealed laws. ForumLand Tribunal → appellate authority, or Land Board (feeder) → High Court of Kerala (CRP(LR)). Procedure & stageCertified copy of the final order, revision memorandum on questions of law, stay application. RemedySetting aside / remand / appropriate direction on the record. High Court connectionEntirely HC – S.103 revision lies to the High Court. Documents normally requiredFinal order, tribunal record extracts, title/tenancy documents, survey records, ID. LimitationWithin the period prescribed under S.103(1); delay condonable under S.5 Limitation Act (S.108); file promptly and seek stay alongside. **Related:** Land revenue/mutation track, civil title suits. **Is fresh evidence allowed in revision?** No – S.103 revision is confined to the record and to questions of law. 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