Possession Certificate: Confirming Ownership of Property

by  Adv. Deepak Pandey  

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possession certificate

Introduction

  • A Possession Certificate, also known as a PC, is a document issued by the local authorities in India to confirm that a property has been legally occupied by an individual or organization. The certificate acts as proof of ownership and can be used for various legal transactions related to the property, such as obtaining a home loan or selling the property. Obtaining a Possession Certificate requires the submission of various documents, such as the building plan approval, completion certificate, and tax receipts, to the local authorities. The process of obtaining a Possession Certificate may vary depending on the state and municipality in which the property is located.
  • An Occupancy Certificate is a document issued by local authorities to certify that a newly constructed building or property is fit for occupancy. It certifies that the building complies with all local building codes, zoning laws, and health and safety regulations. The Occupancy Certificate is an important step in the building construction process, as it enables the property owner to legally occupy and use the property.

People Also Read: How Occupancy Certificates Protect Homeowners

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What is the process of obtaining a Land Possession Certificate Online?

The process of obtaining a Land Possession Certificate in India online can be summarized as follows:

  • Verify the ownership of the land: The applicant must ensure that they have valid documents that prove their ownership of the land.
  • Apply for the certificate: The application for the Land Possession Certificate can be submitted online to the relevant authorities.
  • Submit required documents: The applicant must submit relevant documents such as the title deed, revenue records, and any other required documents to the authorities.
  • Pay the fee: The applicant must pay the applicable fee for obtaining the Land Possession Certificate.
  • Wait for the certificate: After submitting the application and required documents, the applicant must wait for the authorities to process their application.
  • Receive the certificate: Once the authorities have approved the application, the applicant can download or receive the Land Possession Certificate.

What documents are required from the Builder after Possession?

The following is a list of documents that a builder in India is required to provide to the buyer after handing over possession of the property:

  • Occupancy certificate: A document issued by local authorities certifying that the property is fit for occupation and complies with all building codes and regulations.
  • Completion certificate: A certificate issued by the local authorities to confirm that the construction of the property has been completed as per the approved plans and regulations.
  • Allotment letter: A document issued by the builder or developer confirming the allotment of the property to the buyer.
  • Sale agreement: A legally binding agreement between the builder and the buyer outlining the terms and conditions of the sale of the property.
  • Receipts for all payments made: The builder must provide receipts for all payments made by the buyer, including any advance payment, booking amount, or any other charges.
  • Possession letter: A letter issued by the builder confirming the handover of possession of the property to the buyer.
  • NOC from the housing society: A No Objection Certificate from the housing society, if applicable, confirming that the builder has no outstanding dues or liabilities with the society.
  • Warranty or maintenance agreements: Any warranty or maintenance agreements provided by the builder for the property and its amenities.

What are the contents of a Possession Certificate in India?

  • Name and address of the property owner
  • Details of the property, such as its location, size, and type
  • Date of occupancy of the property
  • Confirmation of the legality of the occupation, including compliance with building and zoning regulations
  • Signature of the local authority issuing the certificate
  • A unique identification number for the certificate
  • Any applicable terms and conditions related to the property or its use
  • The date of issue of the certificate
  • Any other relevant information as specified by the local authorities.

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What is the Validity of a Possession Certificate?

  • The validity of a Possession Certificate in India may vary depending on the local laws and regulations of the state or municipality in which the property is located. Generally, it is valid until the ownership or occupancy of the property changes.
  • In some cases, the local authorities may require that the Possession Certificate be renewed after a certain period of time, for example, every 5 years. In such cases, the owner of the property must submit a renewal application and the required documents to the local authorities.

What are the types of Possession Certificates?

  • Provisional Possession Certificate (PPC): This certificate is issued by the developer or builder of a property to confirm that the property has been handed over to the buyer and is ready for occupancy. The PPC is issued before the completion certificate, which is issued by the local authorities after they have inspected the property and confirmed that it had been built in accordance with the approved building plans and regulations.
  • Final Possession Certificate (FPC): This certificate is issued by the local authorities after they have inspected the property and confirmed that it had been built in accordance with the approved building plans and regulations. The FPC serves as proof of ownership and is necessary for various legal transactions related to the property, such as obtaining a home loan or selling the property.

What are the eligibility criteria for obtaining a Possession certificate?

  1. Completion of construction: The property must have been built in accordance with the approved building plans and regulations, and the construction must be complete.
  2. Occupancy of the property: The property must be occupied by an individual or organization.
  3. Compliance with building and zoning regulations: The property must comply with all building and zoning regulations, including fire safety, environmental, and other relevant regulations.
  4. Payment of taxes: All applicable taxes and fees, such as property tax, must be paid and up-to-date.
  5. Submission of required documents: The property owner must submit all required documents, such as the building plan approval, completion certificate, and tax receipts, to the local authorities.
  6. Inspection of the property: The local authorities may conduct an inspection of the property to verify that it complies with the building and zoning regulations and that the required documents have been submitted.

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Conclusion

A Possession Certificate is an important document for property owners in India, as it confirms their legal possession and ownership of a property. It is issued by the local authorities after verifying that the property complies with all building codes, zoning laws, and health and safety regulations. Obtaining a Possession Certificate is an important step in the process of buying or constructing a property, as it enables the property owner to legally occupy and use the property. It is advisable for property owners to ensure that they have obtained a Possession Certificate before moving into a new property.

Frequently asked questions about sale deeds and conveyance deeds in India

Q 1. What is a Possession Certificate, and why is it important?

Ans. A Possession Certificate is a document that confirms the legal possession and ownership of a property. It is important because it certifies that the property complies with all local building codes, zoning laws, and health and safety regulations and enables the property owner to legally occupy and use the property.

Q 2. How do I obtain a Possession Certificate?

Ans. The process for obtaining a Possession Certificate typically involves submitting an application along with relevant documents and paying a fee to the local authorities. The specific process may vary depending on the state or region in which the property is located.

Q 3. What documents are required to obtain a Possession Certificate?

Ans. The documents required to obtain a Possession Certificate may vary depending on the state or region in which the property is located but typically include the title deed, revenue records, and any other relevant documents that prove the ownership of the property. It is advisable for property owners to check with the local authorities for the specific requirements in their area.

Q 4. Whom should we contact in India regarding the possession certificate?

Ans. In India, the local revenue department or the local municipality is responsible for issuing Possession Certificates. You can contact the local revenue office or the local municipality in the area where the property is located to obtain information about the process for obtaining a Possession Certificate.

You can also seek the assistance of a property lawyer or real estate agent to guide you through the process and ensure that everything is done correctly.

Adv. Deepak Pandey

Adv. Deepak Pandey

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Deepak Pandey offers legal consultancy and advisory services with a keen emphasis on ethical and professional conduct to achieve favourable results. He has 5 years of experience in handling legal cases. As a result of his strong communication skills, Deepak is able to present his clients' cases with clarity and persuasion.

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