Property

What is a Possession Certificate?

LegalKart Editor
LegalKart Editor 04 min read 18287 Views
Last Updated: Dec 04, 2023
Possession certificate is an essential document given by seller to the buyer stating the date of possession. Know the documents required for issue of Possession Certificate.

In the year 2023, you might have many rights to many things. The person who owns a piece of property has all rights over that property. The way a person feels about the property they own is called OWNERSHIP. The possessor comes right after the owner. After the owner, the person in charge of a property has the most rights over it. The relationship between the person who owns something and that thing is called "possession."

In general, the person who lives on a property and uses it without sharing it with anyone else is the owner. When more than one person does the same thing, that piece of property belongs to all of them. So, if you live in a house and don't let anyone else use it unless you give them permission to, you own that house. You might have many rights to something. The person who owns a piece of property has all rights over that property. The way a person feels about the property they own is called OWNERSHIP.

The possessor comes right after the owner. After the owner, the person in charge of a property has the most rights over it. The relationship between the person who owns something and that thing is called "possession." In general, the person who lives on a property and uses it without sharing it with anyone else is the owner. When more than one person does the same thing, that piece of property belongs to all of them. So, if you live in a house and don't let anyone else use it unless you give them permission to, you own that house.

1. What is an Occupancy Certificate?

An occupancy certificate certifies that the building has been constructed according to permissible norms and is fit for occupation. A builder obtains the occupancy certificate from the local municipal corporation. Many banks also look for an occupancy certificate for the purposes of granting loans. While a possession certificate is important, you should also check with the builder whether he has obtained a valid occupancy certificate for the building, before you buy a house. 

2. What is a Land Possession Certificate?

True to its name, a Possession Certificate for Land is a legal document that says you own a certain piece of land. In a way, it's like a certificate of ownership that proves you really do own the land. So, it makes sense that a Possession Certificate of Land is always given for a certain piece of land. If you are the only person who owns a piece of land, the Possession Certificate for that land will only be given to you. If you are one of several people who own the land, the Possession Certificate of Land will say that all of you own the land.

A Possession Certificate differs from an Occupancy Certificate, so keep that in mind. A possession certificate demonstrates ownership of the land, but an occupancy certificate demonstrates use of the land. Possession and occupation are not the same things since they have different legal meanings. Apply for a Possession Certificate rather than an Occupancy Certificate if you want documentation of your ownership.

People Also Read This: Documents Required for Property and Land Registration 

3. When is a Possession Certificate Issued?

A Possession Certificate can be issued, either by a private person or the government: 

  1. When the property is transferred, the deed of transfer may require the transferor to deliver the possession of the property in question to the transferee in a specified manner. This delivery of possession is evidenced by a Possession Certificate issued by the transferor to the transferee. 
  2. A Possession Certificate issued by the government is an authentic document that will substantiate your claim that you have possession of a particular property. Such a certificate is helpful to prove the possession of your property in a variety of cases.  

Those who read this Article also Consulted a Lawyer about Possession Certificate of their property.  

4. Online Issue of Possession Certificates by the Government

A Possession Certificate for a property can be issued by, the Revenue Department of the Government of the state in which that property is located. You have to file an application to obtain a possession certificate online, accompanied by the prescribed fees, and supported by the required documents.  In most states, you can make such an application through the e-District Portal of that state. 

 

5. Documents Required for Issue of Possession Certificates by the Government

To apply for a Possession Certificate, you will need the following documents. 

You need to obtain the following documents from the builder before taking possession of the land: 

  1. An extract of the land record, or a property deed, which proves the title of the builder over the land in question. 
  2. Sale Agreement, which is the document of sale executed by you and the builder. This should contain, the terms of the sale, and a promise to deliver possession of the land once construction is completed. 

People Also Read: What is Land Ownership Certificate?

You need to obtain the following documents from the builder after taking possession of the land: 

  1. Conveyance Deed, the document by which the builder has transferred their rights over the land in question to you. 
  2. Possession Letter, the document by which the builder has formally handed over possession of the land to you. 

You also need to attach copies of the following: 

  1. Your identity (name and address) proofs.
  2. Proof of payment of the required fees.

Hence, if you own a piece of land or possess the same, it is important that you apply for a possession certificate. Remember that law gives more importance to actual possession than to ownership.

People Also Read This: Documents Required for Property and Land Registration 

 

Conclusion:

In conclusion, a Possession Certificate is a crucial document that serves as evidence of ownership and possession of a property. It is issued by the government authorities and is necessary for carrying out various legal and financial transactions related to the property. Obtaining a Possession Certificate is a relatively straightforward process, and property owners should ensure that they have this document in their possession to avoid any legal disputes or complications in the future. By understanding what a Possession Certificate is and its significance, property owners can take proactive measures to safeguard their property rights and ensure a smooth and hassle-free property transaction process. 

 

Ask a Lawyer

Hello
Welcome to LegalKart
Please tell us what legal issue you are facing?
00:00
LegalKart LegalKart

Need Help? I won't keep you waiting

LegalKart

3

LegalKart
3

Ask A Lawyer

Ask now and get answer within two hours from expert lawyers.

LegalKart