99-Year Lease vs. Freehold vs. Deposit Model — Which Retirement Home Ownership Structure Is Best?
Freehold
You own the unit outright via a registered sale deed, the same as any other real estate purchase. This falls fully under standard property law and, if the project meets the K-RERA threshold, K-RERA registration requirements. On inheritance, the unit passes like any other real property you own — through your will, or under succession law if you don't have one.
Long-term (commonly 99-year) lease
You hold a registered lease right to occupy the unit for the lease term, without full ownership. This is a different legal instrument from a sale deed, with its own registration and stamp duty treatment, and — importantly — its own terms on whether the lease right can be transferred, sublet, or passed to heirs, which vary by the specific lease document rather than being standardised. Always get the specific transfer and succession terms of the lease reviewed before committing, since "99-year lease" describes the term, not the terms.
Refundable deposit / life-right model
Here you're not buying or leasing property at all — you're paying a deposit (sometimes very large) for a contractual right to live in the residence, typically for life or for the term you specify, with the deposit refundable on exit or to your estate on death, usually after deductions. This is closest to what Kerala's guidelines describe for a Pay Home (see the deposit refund guide) — no property inheritance at all, since there's no property ownership to inherit, only a right to a refund.
Research gaps
This research did not find Kerala-specific judicial guidance directly comparing these three models' inheritance treatment. General property and succession law principles apply to the freehold and lease models, but the exact inheritance mechanics of a specific lease or deposit contract depend entirely on its own wording — this is genuinely a document a property lawyer should review before you sign, not something a general guide can settle for your specific contract.
Sources & further reading
This guide is provided for general information and research purposes. It is not legal, tax or financial advice. Rules can depend on the specific type of property, operator, agreement and individual circumstances. Where a decision involves a substantial sum, inheritance, tax or contractual dispute, get advice from a lawyer or chartered accountant who can look at your specific documents. The inheritance treatment of a specific lease or deposit contract depends entirely on its exact wording — have a property lawyer review the specific document before signing.
