Obtaining a possession certificate is not very challenging, and you can follow some simple steps to get one for your land. Let’s learn more.
In India, landowning has been one of the most remarkable occupations, due to which numerous articles and provisions have been made for it in our constitution. The right to acquire, holds, and dispose of property is provided to citizens under Article 19 of the Indian Constitution. A possession certificate or a land possession certificate certifies and legalises the property in your possession. The buyers would not have any right or authority over a property without the presence of this certificate.
The possession certificate acknowledges your possession of the real estate for the land. It is a legalisation of the transaction between the builder and the buyer; the builder gives a possession certificate to the buyer. So ultimate goal of a possession certificate is to officiate and legalise the transferring of property and its right from one person to another. It is simple to acquire a possession certificate online.
What is the Possession Certificate?
A possession certificate signifies the transfer of property in possession with all interest and rights to the buyer after the final payment. It is an important certificate in real estate. It can also be considered the proof of a legal document for your property because it provides by the government authorities.
The possession certificate states the date of possession. The Tahsildar in the rural areas and the Revenue Divisional Officer in the urban areas are responsible for issuing this certificate. This certificate states the timeline in which the buyer has to make the final payment. You can also obtain a possession certificate online.
When purchasing a house, a possession certificate plays a crucial role. It shows that the land is sold legally to the buyer, who owns all the rights to the property. Without this certificate, the buyer will hold no authority over the property, and the builder will remain the lawful owner of the property.
Once the building has been constructed in compliance with the accepted plans and local laws, the possession certificate will issue within 30 days.
The possession certificate issued by the builder implies a change in ownership of the property transfers to the buyer. A declaration is issued and signed by the developer stating that they no longer hold the rights and ownership of the property, and now the buyer is the new owner. The certificate shows and guarantees that the buyer is only interested in the property.
How to Obtain a Possession Certificate Offline?
The procedure to obtain a possession certificate may differ from state to state. You must follow these simple steps to get your possession certificate:
- To procure the application form, visit the nearest Anchaladhikari office.
- Fill out the application form with the details that are required.
- Affix the required documents and submit them with the application form of the concerned office.
- The applicant will receive an acknowledgement slip once the documents are submitted. The receipt will contain an application number that can use for further reference.
Documents Required for the Possession Certificate
The following papers are required in India to acquire a possession certificate online:
- Copy of the sale deed and registered lease agreement
- Ration Card
- Encumbrance certificate copy
- Applicant ID proof
How to Acquire a Possession Certificate Online?
Every state has its method for obtaining a possession certificate online. The procedure for obtaining a possession certificate online is stated below.
- Step 1: The application form can download from the official website of Revenue and Land Reforms.
- Step 2: Complete the online application with the necessary information in the appropriate fields.
- Step 3: Submit your application form by attaching all the essential papers.
- Step 4: You will receive an acknowledgement receipt, and a number will provide to you to track the status of your application.
Is It Mandatory to Register Possession Certificate?
The possession certificate is mandatory for obtaining certain benefits of the government subsidies like tax subsidies and more. For availability, such benefits must state the possession of the house by the buyer in the possession certificate. The buyer can also apply for it online if the builder has not provided the possession certificate.
Since the state authorities obtain possession certificates, thus, for different states, there are different websites for obtaining the possession certificate.
Suppose the building is constructed per the approved plans, building and fire safety standards. The possession certificate can be obtained within 30 days, provided it also has the Completion Certificate.
According to the law, if the construction of the building has been done without any plans, it cannot be regularised, which can lead to certain complications in obtaining the possession certificate. Therefore, registering the whole plan/project is necessary to obtain the Possession Certificate.
The purchaser might have to submit certain documents like an occupancy certificate, commencement certificate, etc., indicating the registered plan required by the authority to obtain the possession certificate.
Registration is mandatory because the buyer’s legal possession of the home is valid only with the occupancy certificate.
Difference Between Possession Certificate and Occupancy Certificate
- A possession Certificate is just a certificate that signifies that a property has been handed to the buyer officially. It does not necessarily have to be from a builder. It can also be from a person selling his property to another buyer. Unlike that, the builder selling a house must present an occupancy certificate to the buyer. It is a certificate signifying that the building/house has been constructed according to the norms and is fit.
- The occupation certificate indicates that the property is fit for occupancy; the possession certificate shows a claim of possession on a particular property. You can obtain both the occupancy certificate and possession certificate online.
- The local authority issues the occupancy certificate, which indicates that the project has been completed following all the construction norms and building bye-laws and is ready for occupancy.
- The developer or the seller is responsible for issuing the possession certificate, which proves the transfer of ownership rights. The possession certificate also contains the new buyer’s date of possession.
- The occupation certificate provides property rights; the possession certificate provides proof of property transfer to the buyer.
What is a Conditional Possession Letter?
A conditional possession letter is utilised if the purchaser is not pleased with the property. With the possession letter, the buyer may address any issues or grievances with the builder or seller. The developer is obligated under the agreement to perform the required modifications.
It could be the consequence of substandard building techniques and inferior building materials, among others. If the developer or reseller breaches the necessary criteria, the client can sue them.
Even after taking control of the property, a person cannot be satisfied with its condition. Numerous factors, such as subpar building quality, inefficient construction, using different building materials, etc., might cause it. In such cases, the buyer may sign the conditional possession letter, which outlines all the conditions the builder must satisfy.
A buyer may provide a detailed list of expansive property characteristics that he finds objectionable and request that the builder or seller make the necessary changes to the contract. If the developer disobeys the regulations, legal action may take against them.
A possession certificate indicates no illegal or shady behaviour while transferring the property. But to demonstrate that the property’s owner, one should also get an occupancy certificate. There is a proper procedure to obtain a possession certificate online and offline.
Local authorities in India provide a possession certificate certifying that the structure was constructed in conformity with the permitted plan and all applicable regulations. The possession certificate demonstrates who is the rightful owner of the property. The local authorities may consider the property illegal if the certificate is not acquired.
What is a possession certificate?
The seller must give the buyer a certificate or document indicating the possession date.
How much time is needed to obtain the certificate?
Although the timing varies from state to state, verification will be done under the officer's supervision when you submit the application form. If everything goes as planned, you should have your possession certificate seven days after the verification.
What is a conditional possession letter?
Obtain a conditional possession letter, make a copy for the builder, and include a list of your grievances. You can be as explicit as you like about the flaws in the property and ask the builder to fix them under the agreement.
What is an occupancy certificate?
A letter of possession is not proof that you are the rightful owner of the property; an occupancy certificate is needed for this. The local municipal authorities may declare the property illegal if you fail to get an occupancy certificate.
What fee do you have to pay to get a possession certificate?
There is cost that you must pay varies from state to state. The price depends on the group or category you belong to, such as SC/ST, poverty level, or above the poverty level.