Check out Land Possession Certificate

Possession Certificate

What is a Possession Certificate? - Check How to Apply & Documents Required

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Possession certificate is a legal document that is produced by the seller of the property in the name of its new owner. It basically states that all of the rights to the property have now been transferred to a new individual. An important part of this document is the timeline for final payments that the new property owner must adhere to.

 

In the urban areas, it is issued by the Revenue Divisional Officers (RDOs). For the rural area developers, on the other hand, they are issued by their local Tehsildar. This document is an important part of the property buying/selling process. This article will take you through everything you need to know about the Possession Certificate.

What is a Conditional Possession Letter

A conditional possession letter can be used when a buyer is not entirely satisfied with the property. The buyer can submit their complaints and grievances to the builder/seller with the possession letter. The developer has to make the necessary changes as per the agreement. It can be on account of aspects like improper construction, usage of poor-quality material for construction, etc. If the builder or seller fails to meet the stated requirement, then the buyer has the authority to take the matter to court.

Documents Required for Possession Certificate

Given below are the list of documents required to acquire a possession certificate:

  • Current Proof of Property or Land Tax paid

  • Identity Proof of Ownership of Property

  • Ration Card, Income Certificate and Aadhaar Card

  • A copy of Encumbrance Certificate

  • Two Clear Passport Size Photo

  • Clear Photo of the building/property/land

  • Copy of the registered lease and/or sale agreement of the property

How do I get a Land Possession Certificate

You can easily apply for your Land Possession Certificate from the Tahsildar Office (in rural areas) or Revenue Divisional Officer (for urban areas). All you must do is follow the below-mentioned steps:

 

  • Step 1: Visit the concerned Tahsildar Office (if your property is in a rural area) or Revenue Divisional Office (if your property is in an urban area) and obtain the form to get your Land Possession Certificate.

  • Step 2: Fill out your personal details and the details of your property in the form.

  • Step 3: Submit the form along with the requisite documents- income certificate, passport-size photos, Ration Card, Aadhaar Card, proof of ownership or property, etc. to the concerned officer.

  • Step 4: Once you have submitted the form and the required documents, you will get an acknowledgement along with an application number. You can track your application status using this application number.

  • Step 5: A technical officer will visit your property for inspection. The property will further be reviewed by the higher officials and the city planner. Once the review is complete, you can easily collect your possession certificate from the concerned office or you can also download it from the official e-district portal.

How to Apply for a Possession Certificate Online

If you wish to obtain the possession certificate for your property online, you can easily download it from the Meeseva portal. You can follow the steps mentioned below to download your possession certificate online:

 

  • Step 1: Visit the official Meeseva portal and register yourself as a new user (if not already registered).

  • Step 2: Log in to your Meeseva account and click on “Revenue”.

  • Step 3: Now click on “Possession Certificate”.

  • Step 4: Fill out your personal details and the details of the property you wish to obtain the possession certificate for in the form that opens.

  • Step 5: Upload the scanned copies of all the requisite documents.

  • Step 6: You will now be redirected to the payments page. Make the required payment method of your choice. You will now be provided an acknowledgement along with an application number which you can use to track the status of your application.

  • Step 7: Your property will be inspected by a technical officer and shall further be reviewed by higher authorities and the city planner. Once the review process is complete, you can easily download your possession certificate from the Meeseva portal.

How to Check the Possession Certificate Status

You can easily track the status of the possession certificate of your property through any of the following ways:

 

  • E-District Portal: Visit the E-District portal of your state and select the “Transaction History” option. Now enter your application number. You will be able to see the status of your possession certificate on your screen.

  • Meeseva Portal: Alternatively, you can also check the status of your possession certificate on the Meeseva portal. Just log in to your Meeseva account and select the option to track the status of your application for possession certificate which you will find on the home page itself. Now enter your application number and click on “Track Application Status”. You will be able to see the status of your application on your screen.

Possession Certificate vs Occupation Certificate vs Completion Certificate

Learn the difference between Possession Certificate, Occupancy Certificate and Completion Certificate:

Parameters

Possession Certificate (PC)

Occupancy Certificate (OC)

Completion Certificate (CC)

When are they issued?

In Possession Certificate, When the initial paperwork goes through and presumably a down payment has been made.

In Occupancy Certificate, When the builder applies for the document. The builder can only apply for the OC after they have obtained the CC.

In Completion Certificate, When the property construction has come to an end in accordance with all of the state’s norms and regulations.

Who issues them?

RDOs for urban areas and local Tehsildars for rural areas.

The local municipal body.

Any concerned entity with the authority of declaring that the construction process of the property has ended.

What is the key piece of detail present in them?

The timelines for making the final payment for the new owner.

The statement that the property complies with all the building codes and it is ready to be occupied. 

The fact that it has been completed as per the submitted building plans and state norms and the various clearances that the property has.

What does it signify?

The rights of a property have been successfully transferred from one party to another

The property can now be occupied by the buyer.

The property has now been fully constructed and the same has been done in accordance with the building plans.

Rights of Possession Certificate Holder

A possession certificate for home loan gives its holder the following rights related to the land:

 

  • Complete authority over the property and the right to do anything they wish to with it.

  • The right to resell the property.

  • Right to enhance the property or increase its market value.

  • Right to rent out and obtain profits from the property.

  • The right to bar sellers from claiming the benefits arising from the property.

  • Until the seller declines to accept property delivery, the buyer has a charge on it. This implies that the buyer can ask the seller for the money paid in the anticipation of property delivery.

  • The right to be reimbursed the paid amount to impose the performance of the contract if the seller fails to deliver the property.

  • The right to access all of the building plans and other documents related to the property from the regulatory authorities.

Other Important Certificates

Possession Certificate FAQs

  • ✔️What is a possession certificate from a builder?

    A possession certificate assures that the possession of a property has been successfully transferred from one owner to another. A buyer must ensure that all certification and registration documents are in place to gain authority on the property. Until then, the ownership will lawfully remain in possession of the builder. The builder must obtain an occupancy certificate (OC) before he grants the ownership of a property.

  • ✔️Do you require a possession certificate to file for income tax?

    A possession certificate of a residential property is required to claim tax deduction. You can claim the interest paid on a housing loan after possession in five equal instalments.

  • ✔️Can the builder give possession without a completion certificate?

    According to Section 3(2)(i) of Maharashtra Ownership of Flats Act, 1963, a builder is not allowed to provide possession to any individual without a completion certificate. Also, a buyer is prohibited from entering into possession of such a flat without obtaining an occupancy certificate or the completion certificate. If you are in a different state, you can check the ownership laws in that state.

  • ✔️Is it possible to claim tax exemption for an under-construction property?

    Yes, you can claim tax exemption on the interest paid on home loan for a property that is still under construction.

  • ✔️How do I get a builder's possession letter?

    If you are a builder who wants to obtain a possession certificate for your newly-constructed property, you must submit below mentioned documents to the concerned authority:

    • A copy of the building sanction plan.

    • A copy of the Commencement Certificate in the building’s name.

    • A copy of the building completion certificate.

    • A copy of a No Objection Certificate (NOC) from either the pollution board or the Airport Authority.