Real Estate & Property Law

Comprehensive property legal services — from title verification and due diligence to RERA compliance, conveyancing, construction agreements, and NRI property management across India.

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Securing Your Most Valuable Asset

Real estate transactions in India are complex — involving fragmented title records, multiple regulatory approvals, state-specific stamp duty and registration rules, and an evolving RERA framework. A single legal oversight can result in years of litigation and financial loss.

M S Sulthan Legal Associates provides end-to-end property legal services across Kerala, Delhi NCR, Tamil Nadu, Karnataka, and other states. From pre-purchase title due diligence and risk assessment reports to sale deed execution, RERA compliance, and post-sale dispute resolution, we protect your investment at every stage.

We have deep expertise in Kerala-specific property laws including the Kerala Land Reforms Act, Kerala Building Tax Act, and Kerala Municipalities Act — essential knowledge for anyone buying, selling, or developing property in the state.

RERACompliance & Disputes

TitleDue Diligence Reports

NRIProperty Services

Kerala+ Pan-India Coverage

What We Handle

Our Real Estate & Property Services

Full-spectrum property legal support from due diligence to dispute resolution.

Title Verification & Due Diligence

Comprehensive title search spanning 30+ years of ownership chain, encumbrance certificate analysis, survey record verification, revenue record cross-checking, litigation search, lien/mortgage checks, and detailed legal risk assessment reports. We identify defects in title, pending disputes, and regulatory non-compliance before you invest.

Conveyancing & Documentation

Drafting and registration of sale deeds, gift deeds, settlement deeds, partition deeds, release deeds, exchange deeds, mortgage deeds, lease agreements, leave and license agreements, power of attorney for property transactions, and development agreements. We ensure every document meets state-specific registration and stamp duty requirements.

RERA Compliance & Disputes

RERA registration for real estate projects, compliance advisory for developers, buyer complaint filing before RERA authorities, delayed possession claims, refund applications, compensation proceedings, and appeals before RERA Appellate Tribunals. We also review builder-buyer agreements for RERA compliance and negotiate better terms for buyers.

Construction & Development Agreements

Joint development agreements (JDA), construction contracts, EPC agreements, collaboration agreements between landowners and developers, sub-contractor agreements, architect/consultant engagement letters, and escrow arrangements. We structure deals that protect both landowners and developers through milestone-based payment mechanisms and penalty clauses.

NRI Property Services

Remote property purchase/sale management through Power of Attorney, FEMA compliance for NRI property transactions, repatriation of sale proceeds, capital gains tax planning (DTAA benefits), property management coordination, tenant dispute resolution, and succession/inheritance matters for NRI-owned Indian properties.

Property Dispute Resolution

Title suits, partition actions, possession claims, boundary disputes, encroachment removal, specific performance suits, injunction applications, tenant eviction proceedings, rent control matters, and property fraud cases. Representation before Civil Courts, High Courts, Revenue Tribunals, and RERA authorities across states.

Commercial Leasing & Rental Agreements

Commercial lease negotiations, office/retail/warehouse lease agreements, rent escalation structuring, fit-out/restoration clause advisory, leave and license agreements for residential and commercial properties, co-working space agreements, and landlord-tenant dispute resolution including rent control proceedings.

Society & Apartment Association Matters

Formation and registration of apartment owners associations and cooperative housing societies, drafting bye-laws, management committee disputes, maintenance charge recovery, common area encroachment issues, builder handover disputes, and representation in society/association litigation.

Land Revenue & Conversion

Agricultural to non-agricultural land conversion applications, land use change permissions, panchayat/municipal NOCs, building permit advisory, land revenue record corrections (mutation/pattayam), survey and boundary demarcation disputes, and government land allotment/de-reservation matters. Deep expertise in Kerala land revenue procedures.

Legal Framework

Key Property Laws

Property Transfer

Transfer of Property Act 1882, Registration Act 1908, Indian Stamp Act, Specific Relief Act

RERA

Real Estate (Regulation & Development) Act 2016, K-RERA Rules, State RERA Regulations

Kerala Property Laws

Kerala Land Reforms Act, Kerala Building Tax Act, Kerala Municipalities Act, Kerala Land Revenue Code

Tenancy

Kerala Buildings (Lease & Rent Control) Act, Model Tenancy Act 2021, Rent Control Acts (various states)

NRI Property

FEMA 1999, RBI Master Directions (Acquisition of Property), Income Tax Act (Capital Gains), DTAA

Apartment & Society

Kerala Apartment Ownership Act, Cooperative Societies Act, MOFA (Maharashtra), Multi-Storey Buildings Act

Frequently Asked

Real Estate FAQs

Title verification is the single most important step in any property transaction. It confirms the seller's legal right to sell, identifies encumbrances (mortgages, liens, pending litigation), reveals ownership chain gaps, and uncovers regulatory non-compliance. Without it, you risk buying disputed property, facing eviction suits, or discovering the property is under attachment. We examine 30+ years of title documents, revenue records, and court records to provide a comprehensive risk assessment before you commit.

Yes. NRIs can buy residential and commercial property in India without RBI approval under the general permission route. Agricultural land, plantation property, and farmhouses cannot be purchased by NRIs. Payment must be made through NRE/NRO account or foreign inward remittance. We manage the entire process remotely through Power of Attorney, handle FEMA compliance, and ensure proper capital gains tax planning for eventual sale, including repatriation of proceeds.

You have multiple remedies. Under RERA, you can file a complaint seeking a refund with interest, or claim compensation for the delay. Under the Consumer Protection Act, you can file a consumer complaint seeking compensation, mental agony damages, and litigation costs. You can also pursue a civil suit for specific performance or refund. We evaluate the strongest approach based on your agreement terms, delay period, and whether the project is RERA-registered, then pursue the most effective remedy.

In Kerala, stamp duty on sale deeds is currently 8% of the property value (market value or consideration, whichever is higher), plus 2% registration fee. For gift deeds to family members, concessional rates may apply. For lease agreements, stamp duty is calculated based on lease term and annual rent. These rates are subject to change through state budget announcements. We calculate the exact duty payable and ensure proper e-stamping and registration to avoid penalties.

Yes. Property litigation is a core part of our practice. We handle title suits, partition actions, possession claims, injunction applications, boundary disputes, encroachment removal, specific performance, and tenant eviction cases. We represent clients before Munsiff Courts, District Courts, High Courts, Revenue Tribunals, and RERA authorities. For urgent matters, we can secure temporary injunctions and stay orders within days of filing.

Agricultural land conversion in Kerala requires an application to the District Collector/Revenue Divisional Officer under the Kerala Land Utilization Order. The process involves submitting the application with ownership documents, survey sketch, village officer's certificate, and proposed usage plan. Approval depends on the local development plan, land classification, and intended use. We handle the complete application process, follow up with revenue authorities, and assist with obtaining the necessary NOCs from Panchayat/Municipality and other departments.

Buying, Selling, or Developing Property?

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+919847980019

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contact@mssulthan.com

T1, Ground Floor, Hi-Lite Business Park, Kozhikode, Kerala - 673014

136/2, Rameshwar Nagar, Model Town, New Delhi – 110033