buying in Kerala

cheryldw · Aug 18th, 2007, 23:39

Hello everyone,

I am considering the idea of buying a place in Kerala. A small or older place to do up and extend, on a piece of land.

I have read many things about foreigners being able to buy (or not) in Goa, and wondered if it was the same in Kerala? I am not an NRI, just a European citizen.

Do i have to have a residency permit? How can i obtain one if so?
Is the easiest way to own a house & property to set up a business? Does that business have to originate in my home country or can i start one in India?
Does anyone know of reputable and trustworthy solicitor/ lawyer/ adviser to get in touch with in Kerala?

Thank you very much for any advice you can give me.

Cheryl

capt_mahajan · Aug 18th, 2007, 23:44

cheryldw, welcome to indiamike.

The law regarding buying property in Goa or Kerala will be almost identical, since most of them are Central Government laws and apply throughout India.

There may be small differences because States have different laws regarding property.

Nick-H · Aug 19th, 2007, 02:35

Sorry to have to respond so pessimisticly to your very first post here, but, realisticly there are probably only two ways you can achieve this: Establish a genuine trading business, or marry an Indian citizen and become a PIO.

Please check out the two long threads on buying in Goa. Apart from political flavour of the day, it will apply to Kerala as well.

A foreign non-resident cannot buy property in India and it is not easy to become a resident.

ranjan154 · Aug 19th, 2007, 15:11

I think that the Indian counsulate in Netherlands can help you a lot with all your queries.

Nick-H · Aug 19th, 2007, 16:33

Unless you are in business in a way that is big enough to be entertained by the commercial diplomats, I doubt if any Indian embassy will help at all with this kind of enquiry

.

cheryldw · Aug 19th, 2007, 17:57

Hi there,

Thanks for the responses, they are not pessimistic, i appreciate the reality of the situation.

After posting, i did read the Goa thread. I also looked into all the links.

The situation is that i may be getting an employment visa, and (if i understand correctly) i can then get a residency permit and can stay for over the 180 required days. I thought that would make it possible for me to then buy a property?

Did i get this wrong?

Thank you.

Cheryl

Nick-H · Aug 19th, 2007, 19:12

I was wondering about that as I wrote!

Most expat workers are not looking to settle here, so the question doesn't seem to arise very often.

You need to look very carefully at the RBI FEMA stuff. First there is the 180-day thing (in the previous tax year). Then there is the intention thing.

If your job is absolutely and obviously not temporary, even for a year or two, but is absolutely and obviously as permanent as any job can be these days --- that might satisfy the intention thing. I don't know.

As an employee you will have to register, and you will get the residents' permit. You will be able to stay for the duration of your visa without leaving the country, and it should be renewable, assuming you still have the same job, within India.

That Registration Certificate/Residents Permit concerns residency under the immigration laws, not under taxation or foreign exchange laws. It will allow you to buy a car, have a driving licence, odds and ends like that: it is not relevant to property ownership laws.

I'd say you got it wrong --- but with a 'maybe'.

I am not a lawyer, these are my opinions only --- you know, all the usual disclaimers and warnings apply

GoanCanuck · Aug 20th, 2007, 11:50

Quote:

Originally Posted by cheryldw

The situation is that i may be getting an employment visa, and (if i understand correctly) i can then get a residency permit and can stay for over the 180 required days. I thought that would make it possible for me to then buy a property?

the present postion of the authorities in Goa is that only people on business visas are eligible to buy property in Goa.

An employment visa will not suffice.

cheryldw · Aug 23rd, 2007, 16:38

Thanks for all of this. It seems i will have to rethink my idea.

I will keep looking into things, and if i get any more information i will make sure to post it up.

crvlvr · Aug 24th, 2007, 01:11

Cheryl, kudos for asking the question first instead of jumping in head first and buying property like so many others.

Aug 18th, 2007, 23:39	#1
cheryldw Member Join Date: Aug 2007 Location: Netherlands Posts: 3	buying in Kerala Hello everyone, I am considering the idea of buying a place in Kerala. A small or older place to do up and extend, on a piece of land. I have read many things about foreigners being able to buy (or not) in Goa, and wondered if it was the same in Kerala? I am not an NRI, just a European citizen. Do i have to have a residency permit? How can i obtain one if so? Is the easiest way to own a house & property to set up a business? Does that business have to originate in my home country or can i start one in India? Does anyone know of reputable and trustworthy solicitor/ lawyer/ adviser to get in touch with in Kerala? Thank you very much for any advice you can give me. Cheryl

Aug 18th, 2007, 23:44	#2
capt_mahajan Infidel Sufi Join Date: Sep 2005 Location: styx Posts: 13,605	cheryldw, welcome to indiamike. The law regarding buying property in Goa or Kerala will be almost identical, since most of them are Central Government laws and apply throughout India. There may be small differences because States have different laws regarding property. __________________ . Outside the machine

Aug 19th, 2007, 15:11	#4
ranjan154 Amateur Photographer Join Date: Dec 2006 Location: Greater Noida (India) Posts: 856	I think that the Indian counsulate in Netherlands can help you a lot with all your queries. __________________ Rakesh Ranjan -------------- http://www.flickr.com/photos/travinfoindia/

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Aug 19th, 2007, 02:35	#3
Nick-H This is just a cameo appearance Join Date: Oct 2004 Location: Chennai, India Posts: 36,197	Sorry to have to respond so pessimisticly to your very first post here, but, realisticly there are probably only two ways you can achieve this: Establish a genuine trading business, or marry an Indian citizen and become a PIO. Please check out the two long threads on buying in Goa. Apart from political flavour of the day, it will apply to Kerala as well. A foreign non-resident cannot buy property in India and it is not easy to become a resident.

Aug 19th, 2007, 16:33	#5
Nick-H This is just a cameo appearance Join Date: Oct 2004 Location: Chennai, India Posts: 36,197	Unless you are in business in a way that is big enough to be entertained by the commercial diplomats, I doubt if any Indian embassy will help at all with this kind of enquiry .

Aug 19th, 2007, 17:57	#6
cheryldw Member Join Date: Aug 2007 Location: Netherlands Posts: 3	Hi there, Thanks for the responses, they are not pessimistic, i appreciate the reality of the situation. After posting, i did read the Goa thread. I also looked into all the links. The situation is that i may be getting an employment visa, and (if i understand correctly) i can then get a residency permit and can stay for over the 180 required days. I thought that would make it possible for me to then buy a property? Did i get this wrong? Thank you. Cheryl

Aug 19th, 2007, 19:12	#7
Nick-H This is just a cameo appearance Join Date: Oct 2004 Location: Chennai, India Posts: 36,197	I was wondering about that as I wrote! Most expat workers are not looking to settle here, so the question doesn't seem to arise very often. You need to look very carefully at the RBI FEMA stuff. First there is the 180-day thing (in the previous tax year). Then there is the intention thing. If your job is absolutely and obviously not temporary, even for a year or two, but is absolutely and obviously as permanent as any job can be these days --- that might satisfy the intention thing. I don't know. As an employee you will have to register, and you will get the residents' permit. You will be able to stay for the duration of your visa without leaving the country, and it should be renewable, assuming you still have the same job, within India. That Registration Certificate/Residents Permit concerns residency under the immigration laws, not under taxation or foreign exchange laws. It will allow you to buy a car, have a driving licence, odds and ends like that: it is not relevant to property ownership laws. I'd say you got it wrong --- but with a 'maybe'. I am not a lawyer, these are my opinions only --- you know, all the usual disclaimers and warnings apply

Aug 23rd, 2007, 16:38	#9
cheryldw Member Join Date: Aug 2007 Location: Netherlands Posts: 3	Thanks for all of this. It seems i will have to rethink my idea. I will keep looking into things, and if i get any more information i will make sure to post it up.

Aug 24th, 2007, 01:11	#10
crvlvr Guru Join Date: Sep 2004 Location: Hollywood Posts: 4,667	Cheryl, kudos for asking the question first instead of jumping in head first and buying property like so many others.