Request:
Please advise me on points 8-17, based on your knowledge of Indian law. Your advice will be greatly appreciated.
My background:
French National
Director of a tour company registered in Kerala.
Case history:
- In 2009 I started proceedings to purchase 60 cents of farm land and house in Kollam district.
- The contracts were signed by both parties, the money was given as cash by my agents to the seller, and the deeds and keys were handed over to my agents by the seller.
- At the land registry office, the officer refused to register the land and property in my name – because of my foreign nationality.
- I took up residence at the property and have been living here for over 2 years.
Current Situation:
- I currently live at the property. I have made significant investments in upgrading the house and land.
- Now given the lapse in time, I am aware that the original contacts are now terminated.
- The property is still registered with the seller. The seller has continued to pay the land and house tax (as it is still registered in their name).
Advice required:
- Legally, does the seller still own the house? (I have paid the seller and I have lived at the property with the knowledge of the seller for the last 2 years. But the property is still registered in the sellers name and the seller pays the land/house tax.)
- Can I legally register the property in my name or in my company’s name (registered in India) with me as it’s director?
- Can this property only be registered to an Indian national?
- Can the sellers ask for more money now to draw up new contracts (in my or another Indian national name)? (Land prices have risen by 4-5 times in the past 2 years, since the start of the proceedings).
- Can the seller legally ask me to leave the property? Will my original money be refunded? What about the investment I have already carried out to the property?
- Can the seller sell the property to someone else? I have the original deeds – but can they get duplicates? What action can I take on this matter?
Options considered:
- Do I do nothing? I can continue to stay at the property and use it as I see fit for as long as I like.
- Do I pursue new contacts to register the property in my name (or an Indian partner’s name)?
- Do I leave? Can I get the original money back that I paid to the seller? What about the investment I have carried out on the property? Will I need to compensate the seller as I have paid no rent or land tax in the last 2 years.
- Do I negotiate a new lease agreement with the seller, so that the property remains in their name but I have use of the house and land. What are my options with this?
With kind regards
