Possession Certificate in India: Everything You Need to Know

Land ownership has long been one of the most common jobs in this nation, thanks to the numerous laws and clauses in our constitution that support it. Every person in India has the right to acquire, possess, and dispose of property under Article 19 of the Indian Constitution. A possession certificate, also known as a land possession certificate, certifies and legalizes your ownership of a property. It formally announces the transfer of property from one person to another and grants the buyer complete ownership of the property. The buyer has no right or power over the property until he or she has this certificate.

A land possession certificate certifies your ownership of the property. A builder’s possession certificate serves to legalize the transaction between the property’s builder and the buyer. A possession certificate’s principal purpose is to officially and legally give over property from one person to another while also transferring all property rights.

A land possession certificate certifies your ownership of the property. A builder’s possession certificate serves to legalize the transaction between the property’s builder and the buyer. A possession certificate’s principal purpose is to officially and legally give over property from one person to another while also transferring all property rights.

 


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A Possession Certificate’s Importance

The first document that the buyer must obtain from the seller, among many others, is a possession certificate. Until the certificate is granted, the land will not be regarded the buyer’s, and he will have no rights to the property. Each state has its own set of laws and processes for obtaining the certificate, but on average, the process takes roughly 30 days. To obtain a possession certificate, it is critical to understand the requirements of each state.

Certificate of Occupancy

For builders, an occupancy certificate is essential. It verifies that the structure was constructed in accordance with building codes and is safe to occupy. While a house’s possession certificate is require, it is also crucial to examine the occupancy certificate before purchasing a home from a function. The local municipality can issue an occupancy certificate to the builder. Before giving house loans, certain banks scrutinize the occupation certificate.

Because of the necessity of having an occupancy certificate, the Supreme Court ruled that possession without one is illegal under Consumer Protection Act. According to the Consumer Protection Act of 1986, it is mandatory for a builder to get an occupancy certificate, and purchasers have the right to seek significant compensation if this is not done.

 

Read More: Leasehold property

 

What’s the Difference Between a Possession and an Occupancy Certificate?

A possession certificate is simply a document that certifies that the property has been formally transferred to the buyer. This does not have to be a builder; it might be a person selling his home to someone who wants to buy it. The builder, on the other hand, must submit an occupancy certificate to the individual purchasing a home. It is a document that certifies that the building/house was built in accordance with the standards and is safe to live in.

Letter of Conditional Possession

Even after possession, there is a good probability that the buyer would be dissatisfies with the home. This can occur during the acquisition of a home if there are leaks, wall erosion, or awaiting repair work, among other things. In this instance, the buyer might write a letter to the builder, providing criticism and requesting that he complete the job. If the builder fails to do so, the conditional possession letter might be brought to him in court.

How to Obtain a Certificate of Land Possession in Person?

In rural regions, the Tahsildar office and in urban areas, the Revenue Divisional Officer can provide you with a possession certificate application form. The method for obtaining a possession certificate is broken down in the steps below.

Step 1: Obtain a possession certificate application form the Tahsildar office or the Revenue Divisional Officer, depending on your location.

Step 2: Fill out your personal information as well as the information about your property. Make careful to double-check all of the data, and if you’re still unsure, contact the local authorities.

Step 3: Fill out the application form and attach the relevant papers.

Step 4: Submit the completed form to the appropriate office. After you’ve submitted your application, make sure you have a copy of the acknowledgement letter and the application number. With this number, you may check the status of your possession certificate on the digital portal.

Step 5: A technical officer will come to your home and check it.

Step 6: The technical officer’s report will be review by higher officials and the city planner. You will be notified when the certificate is ready to be pick up.

A notification will be sent to you once the certificate has been issue. You may either digitally download it or pick it up at the appropriate office. You must first log into the e-district site to obtain the possession certificate.

 

The following documents are required:

  • Copy of the sale deed agreement.
  • Copy of the registered selling agreement.
  • Proof of the applicant’s identity and signature.
  • Encumbrance certificate copy
  • Copy of the lease/sale deed scanned
  • Photo identification evidence and proof of address scanned.
  • Aadhaar card
  • Rationing card
  • This is the application form.
  • Certificate of Earnings
  • Photograph in passport size.

How Do I Get an Online Possession Certificate?

  • To register for a possession certificate through Aaple sarkar, go to the following link.
  • If you are a first-time user, you must first register in the portal. Now go to the next page by clicking on the Aaple Sarkar Online Portal link. 
  • There will be two options for registering. If you chose the first option, please include the following information:

Full Name of the Applicant

Login Name (Optional)

Taluk

Aadhaar number

Phone Number

Address for electronic mail

Address of the Applicant

Password

City

  • Click the “submit” button.
  • Click the confirm button.
  • A confirmation email will be sent to the register email address after confirmation.
  • When you click the activation link, your account will be enable.
  • To access the portal, the applicant must first input their login id, password, and captcha, and then click the “Submit” button.
  • You may now use the site to apply for any service.
  • Read all of the instructions and then click the “Continue” button to access a legitimate online application form.
  • Fill out the online application form, making sure to include all of your proper information and all of the relevant papers.

Possession Certificate Holder’s Rights

  • It gives the purchaser entire control over the property and allows him to do anything he wants with it.
  • Holds the resale rights to the property.
  • The buyer has the option of making any improvements or increasing the property’s worth.
  • The property may rent out and the buyer can benefit from it.
  • The property’s seller is not entitle to any benefits.
  • If the vendor refuses to take delivery of the items, the buyer will be charge to the property and to the seller for any money paid in advance of delivery.
  • In the event that the seller fails to deliver the property, the buyer is entitle to refund of the money paid and the costs incurred in court to compel particular execution of the contract.
  • The buyer has the right to request information about the plans that have been approve by the appropriate authorities, as well as the timetable for the same kind, the full structural plans, and other relevant documents.

 

 

 


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Disclaimer: The views of this expressed above are for informational purposes only based on the industry reports & related news stories. Navimumbaihouses.com does not guarantee the accuracy of this article, completeness, or reliability of the information & shall not be held responsible for any action taken based on the published information.
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