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Kerala conservation paddy wetland Act 2008

The Act was enacted in the year 2008 and it was formulated with the objective to conserve paddy land and wetland. It was also to restrict the conversion or reclamation of such land. Prior to this there was indiscriminate conversion of paddy land and wetland in the State.

Kerala conservation paddy wetland Act

Kerala conservation paddy wetland Act specifically prohibits the owner, occupier or the person in custody of any paddy land from any activity for conversion or reclamation of such paddy land and further provides that suitable incentives would be provided from time to time for paddy cultivation. To monitor the implementation of the Act local level committees would be formed. The monitoring committees would be at the following levels:

  1. Local Level Monitoring Committee
  2. District Level  Monitoring Committee
  3. State Level Monitoring Committee

The Act further prescribes measures for the protection of wetlands. From the date of commencement of the Act there is a complete prohibition on reclamation of wetland and of removal of sand there from. Authorized officers would be further appointed to inspect if any of the provisions of the Act have been violated.

The District Collector is further empowered by the Act to take measures and steps which it deems fit for the purpose of conservation of paddy lands and wet lands.

Local authorities shall further not grant license to any person who intends to carry out any construction activities on paddy land and if such a license is granted then the same would be in violation of the Act. The committees are further empowered to issue directions to the holder of the paddy land to start cultivation on such land if there has been no cultivation.

Any person who converts or reclaims any paddy land or wet land is liable to be punished by way of fine or imprisonment.

The Kerala conservation paddy wetland Act is a progressive step and is taken in order to prohibit conversion of paddy and wetland.

Commercial land

A land which is used for the purposes of carrying out commercial (profit making) activity or business.

Commercial Land

Consideration In the context of sale of property, consideration means the amount of money paid by the buyer to the owner of the land (seller) to satisfy the sale. In legal terms, it is anything of value promised to another when making a contract.

Deed in Kerala real estate, property, flat, building transactions

What is a Deed in Kerala real estate/property/flat/building transactions?

Deeds are legal documents that transfer ownership of a property. A person who executes a deed transfers right of property to another. It is the most common way of transferring ownership of a property. There are different types of deed by which a property can be transferred. For more details on Deed in Kerala real estate, just contact our real estate lawyers.

Encumbrance Certificate by Revenue Department

What is the Encumbrance Certificate that will be issued by Revenue Department?

This is an important document that helps to ascertain whether the property is free from all claims such as mortgages, leases, unpaid debts etc. An encumbrance certificate is a report issued by the Sub-Registrar’s office after due verification of the relevant documents related to the property certifying the entire transactions on the property for a specified search period requested by the applicant. Therefore, it is important to get encumbrance certificate for a period not less than 30 years before entering into an agreement for sale. Feel free to contact our real estate legal associate for clearing your doubts on Encumbrance Certificate.

Kudikkada certificate by Revenue Department

What is the Kudikkada certificate that will be issued by Revenue Department?

This is an important document that helps to ascertain whether the property is free from all claims such as mortgages, leases, unpaid debts etc. An encumbrance certificate is a report issued by the Sub-Registrar’s office after due verification of the relevant documents related to the property certifying the entire transactions on the property for a specified search period requested by the applicant. Therefore, it is important to get encumbrance certificate for a period not less than 30 years before entering into an agreement for sale. Just contact our lawyers for knowing more details about Kudikkada certificate by Revenue Department.

Feel free to contact Biz and Legis law firm for clearing any doubts on Kudikkada certificate. Our online legal consultants can help you. Call us on 0091 – 9847182002

What is a Danapatrom or Danapatram

What is a Danapatrom or Danapatram ?

A method of transfer of property that existed decades back in the state. It is a written document on unstamped paper that evidence voluntary gift of land to Bhoodan Movement. (A movement that encourages voluntary gifts of land to distribute to deserving persons.)

 Contact our real estate consultants to knowing about Danapatram. Call us on 0091 – 9847182002 for any legal services connected with real estate law.

Land Utilization Order- 1967

Land Utilization Order

The Kerala Land Utilization Order was promulgated in the year 1958 and it was later amended in the year 1967. This Order was framed at a time when India was facing food grain deficits and then there were some restrictions on inter State movement of food grain. The Order vests district collectors with powers to enforce cultivation of food crops.

As per the Order if the government is satisfied that there is any need to increase the food production in any particular area, then by a gazette notification the District Collector can direct holders to land to cultivate their land with paddy or any other kind of crop particular kind of crop for a certain specific period of time. Such direction would further include the time period for which the lad holder has to carry out the cultivation. Such notice has to be delivered to the holder of the land. Even after such a notification if the holder of the land still not does start such cultivation then the District Collector is empowered to either auction off such land or the right to cultivate on such land for a certain period of time.

The Order further states that if the holder of the land was cultivating a particular kind of crop for a continuous period of three years then the same crop shall be cultivated on such land in the coming years and no attempts to grow or cultivate any other kind of crop shall be made by such holder of the land.

The Order further provides that after every sale or auction under this Order if the new purchaser fails to cultivate the land then District Collector is empowered to terminate the rights of the new purchaser. The District Collector can further take steps to arrange for cultivation of the land under some conditions.

If any party is aggrieved by any order of the District Collector then they have been granted the right to file an appeal before the Board of Revenue from any such order.

All orders issued under the Kerala Land Utilization Order have become inoperative after Kerala Conversion of Paddy and Wet Land Act, 2008 came into force.

Fair value Kerala land registration

What do you mean by Fair value of Land for the registration of Land in Kerala ?

This fixed land price notified by the government for a particular area or land is known as the “Fair Value of the Land.”

Value of land usually depends upon various factors. In order to avoid stamp duty (tax) during land sales, people used to do the registration of land by showing a much less amount than the original sale price in the Sale Deed. In which case, registrations were done without mentioning the actual sale consideration (sale price) in the Sale Deed. In doing so, the actual stamp duty to be paid on a land sale was considerably decreased putting the government to face the loss. In order to put an end to the practice of showing ‘lower price’ for land during registration, the government had fixed fair prices for lands in the state. By doing so, the registration of a particular land cannot be done by mentioning an amount that is less than the fixed fair price notified by the government in that particular area.