In India the transfer of ownership of the property can be done only under the registration act. According to Transfer of Property Act right, title or interest can be acquired only if the deed is registered. If a deed of transfer, which is compulsorily registrable, is not registered it will not be admissible in evidence (Sec.49 of Registration Act 1908). So in the case of transfer of property the document must be registered and properly stamped.
In your case the Indian organization offered to give land ownership to our foundation certified by a notary office on 100 Rs stamp. So you have to know differences between notory and registry .And must know what a notary can do .On which extent you secure your investment?
Notary is an act done by a notary where the notary attests the document to the effect that he identifies the persons executing the said document or deed to be the same persons who are allegedly executing the same. Registry means the registration of the documents in the official register of rights which is maintained in the office of The Sub Registrar under whose jurisdiction the property in issue is situated.
Notary is a person authorized to perform certain legal functions like certifying documents. The notary is only for the purpose of international validation. The exact purpose of a notary is to attest to both the authenticity of a document as well as the identity of the parties signing it. Documents under seal of a notary are presumed by law to be valid, and to have been signed by the people identified in the document. This sets an unusually high bar for claims of fraud or deception. They are generally licensed by the State, and act in accord with the administrative laws governing public notaries. Around the world, a notary public is a sort of 'international JP' this means that they can certify the document for use in overseas legal jurisdictions.
The registration act requires certain documents to be registered, such as documents involving immovable property (sale, lease, rent over 11 months etc). If you don't register these documents, they have no validity as you can not produce them in a court to enforce, no matter whether you notarized them or not. These documents are called mandatorily registrable documents.
A foreign national of non-Indian origin, resident outside India cannot purchase any immovable property in India unless such property is acquired by way of inheritance from a person who was resident in India. However, he / she can acquire or transfer immovable property in India, on lease, not exceeding five years. In such cases, there is no requirement of taking any permission of /or reporting to the Reserve Bank.
A foreign company which has established a Branch Office or other place of business in India, in accordance with the Foreign Exchange Management (Establishment in India of Branch or Office or other Place of Business) Regulations, 2000, can acquire any immovable property in India, which is necessary for or incidental to carrying on such activity.
Indian companies having foreign investment approval through FIPB route do not require any further clearance from RBI for receiving inward remittance and issue of shares to the foreign investors.
For securing investment
In India, a non-profit organisation can be registered as Trust by executing a Trust deed or as a Society under the Registrar of Societies, or as a private limited nonprofit company under Section 8 Company under the Companies Act, 2013. As per Section 8(1a, 1b, 1c) of the new Companies Act, 2013, a Section 8 company can be established for “promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object”, provided it “intends to apply its profits, if any, or other income in promoting its objects” and “intends to prohibit the payment of any dividend to its members. The company registered under this section shall enjoy all the privileges and be subject to all the obligations of limited companies.
So a notorised document can effected only limited purpose.