• Conveyance of land ownership by 100 Rs stamp

Dear Sir,
I am the founder and board member of a German foundation and we are cooperating with an Indian charitable foundation. We run together a children's welfare home in UP. We are planning to buy a land and build our own premise. The money will be funded by our German foundation. In order to secure our investment, the Indian organization offered to give land ownership to our foundation certified by a notary office on 100 Rs stamp. I am looking for information about the legal significance of a 100 Rs stamp paper and what we have to consider. 
Could you please support me? What are the conditions?

Thank you very much.
Best regards
Karlheinz Neumann
Asked 8 months ago in Property Law from Germany
Religion: Christian
1. Well, no immovable property is permitted to be transferred in India unless the same is done through a proper deed of conveyance and registered in the registration office on payment of Stamp Duty and Registration Fees.
2.Howeevr since you are an foreign entity there are not restrictions in acquiring title in immovable proeprty in india and the same is allowed only after a protracted formality done beofre the Reserve Bank of india.
3. A sit appears that there is an Indian arm you may enter into a long term lease with it so you can build a charitable home therein and start running it.
4. A foundation wholly controlled by foreign nationals would face lot of restrictions in India and hence you are advised to forma sister concern in India constituted with with Indian national.
Devajyoti Barman
Advocate, Kolkata
13783 Answers
188 Consultations

5.0 on 5.0

1) sale deed cannot be executed on mere rs 100 stamp paper

2) it has  to be duly stamped and registered 

3) mere notarised document does not confer clear and marketable title to property

4)obtain RBI approval for purchase of immovable property in india 



Ajay Sethi
Advocate, Mumbai
49306 Answers
2937 Consultations

5.0 on 5.0

the purchase of immovable property with Rs 100 stamp paper does not make sense 

consult a local  lawyer  in UP 
Ajay Sethi
Advocate, Mumbai
49306 Answers
2937 Consultations

5.0 on 5.0

1. I t means only after RBI permits a foreign entity then only it can buy land in india which is a painstaking process.
2. Yes,do make a branch organisation consisting majority of Indian nationals in India.
3.Transfer of an immovable proeprty on a Rs.100 samp paper has no value at all.
Devajyoti Barman
Advocate, Kolkata
13783 Answers
188 Consultations

5.0 on 5.0

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. 
Ajay N S
Advocate, Ernakulam
2903 Answers
51 Consultations

5.0 on 5.0

It is advisable to register a charitable foundation in India.

You may have to get the permission from the Reserve Bank of India to bring foreign funds to India for charitable uses.

No ownership of land is transferable unless it is register with the Sub-registrar of Assurances, so transfer of land ownership of stamp paper of Rs.100 Notarised is not correct way of doing.

On registration of your charitable foundation in India get the sale deed of the land registered in the name of your organisation. 
Rajashekar
Advocate, Bengaluru
552 Answers

4.8 on 5.0

Approach of Rs. 100 will not make any sense as the title of land in India can not be transferred by a Rs. 100/- stamp paper
Anilesh Tewari
Advocate, New Delhi
9999 Answers
135 Consultations

5.0 on 5.0

Forming a sister organization would have been the best approach, but since you are not doing the same it is advised that you enter into an MOU with the Indian Partner with regards to this detail.

Contact an Indian lawyer for the same, that way lot of your rights will remain protected.

Regards 
Anilesh Tewari
Advocate, New Delhi
9999 Answers
135 Consultations

5.0 on 5.0

For the purpose that I answer your query, please answer the following queries:-

a. You intend to purchase the land? Or you wish to take it on a lease?
b. Is this land currently registered in the name of the Indian Charitable Trust, or in the name of a third party?
Vibhanshu Srivastava
Advocate, New Delhi
6276 Answers
83 Consultations

5.0 on 5.0

It will not fulfill the requirements of land ownership and will not give you any title over the land. You can get this legally done if you register as NGO/Company here in India and have a proper deed in the name of your NGO/Company in India.

Thanks
Abul Kalaam Azad
Advocate, Madurai
8 Answers
1 Consultation

4.8 on 5.0

Hi, the ownership of land or the tanager of land can only be done before the land registrar by valid sale deed and paying stamp fee .. Transfer of property on notarised 100  paper is not valid 
Hemant Chaudhary
Advocate, Gurgaon
3479 Answers
15 Consultations

4.9 on 5.0

 I am looking for information about the legal significance of a 100 Rs stamp paper and what we have to consider. 
Could you please support me? What are the conditions?

If you plan to purchase the land for constructing the building, you can ask the Indian organisation to execute a registered sale deed in your name.
The transfer of property by a Rs. 100/- NJS even if it is notarised, is not legally valid.
Registration of the sale deed or any document in respect of any transaction of immovable property is a mandatory requirement.
You need to get the sale deed registered and also yo should obtain a proper legal opinion before buying this property so that you are not getting trapped into litigation in the future due to any error  or fraudulent act done by the seller community.
T Kalaiselvan
Advocate, Vellore
39507 Answers
424 Consultations

5.0 on 5.0

We do not want to fully control the local organization and want to avoid forming a sister organization since the effort and cost might be too high for us.
Do you think this approach with 100 Rs. stamp will make sense to us?


If you want to hav an independent unit or individual entity and do not want to have any type of connection with the local organisation, it is suggested that you better get an registered conveyance deed executed in your name.
This will be the safest way for smooth functioning of your independent unit and security for your investment.
T Kalaiselvan
Advocate, Vellore
39507 Answers
424 Consultations

5.0 on 5.0

1. The title/ownership of immovable properties can not be conveyed in India without registering the conveyance deed by paying the required stamp duty based on the value of the property and also the registration charge.

2. Moreover, no foreigner or foreign organisation can buy/own such immovable property in India.

3. So, the title/ownership of the said land can not conveyed to you through any deed/document executed on a Rs.100/- stamp paper and notarised.

4. For owning the said land, you are required to form your sister concern in India having Indian partners/directors and then act through the said concern.
Krishna Kishore Ganguly
Advocate, Kolkata
19401 Answers
473 Consultations

5.0 on 5.0

1. The approach with 100 Rs. stamp will make no sense to you  as regards owning the title of the land is concerned for reasons already stated in my earlier post.

2. For owning the said Title you shall have to form a company/concern in India in whose name the title deed for the said land can be registered,
Krishna Kishore Ganguly
Advocate, Kolkata
19401 Answers
473 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer