Possession Certificate-Complete Definition and Documents
Possession Certificate-Complete Definition and Documents
- Date 06 Jun, 2022
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India is one of the few countries that has a legal system in which Possession Certificates create property rights. The certificate proves the holder's ownership of certain items and enables them to do things such as sell, lease, borrow against, or transfer them. When registering an object, it's best practice to ensure you have all the papers and documents attested by a notary public or lawyer before filling up any forms for your possession certification.
Filing for a Possession Certificate does not create property rights, though, since most items cannot be registered without first registering ownership. Various rules apply depending on what type of article is being registered, so make sure you are prepared with all the details before filing for your certificate.
Possession Certificate in India
A Possession Certificate in India is a legal document issued by government authorities to inform owners of property that their property has been taken from them. This is typically done by the government because they need the property for some type of project or reason. Or, in some instances, it might be because someone else needs the land for their own reasons.
Some reasons for this include wanting to build on it or wanting to use it for their own means. The Possession Certificate states that the owner no longer has rights over this property but rather that a third party does. It typically lists all of the reasons why this happened, and how much money was paid out to the original owner if any compensation was given.
One major thing to take note of is that the government doesn't usually allow people to do anything with their land as they are unable to sell it or use it as they please. So, if there is a building on the land, you cannot use it for your own purposes; you must always ask permission before doing so.
A Possession Certificate is not a clear-cut issue since there are a number of things that might happen when one obtains such a document. First, at the time the Possession Certificate is issued, it will state where in India this happens and whether or not it's considered an urban or rural area.
A Possession Certificate’s Importance
If a person's property has been taken from them due to government sanction, providing proof will help rebuild that person's self-esteem and allow them to start over.
Just by having a Possession Certificate, they can be assured that they are entitled to their rights. And it also helps them get back on their feet economically as well!
It is a crucial document which certifies that the property being sold is owned by the seller and should not be confused with a tenancy agreement, which only grants a right to occupy it. Without it, you may risk an unfair deal – paying for something that you do not own in full.
The certificate has to be prepared by an advocate and then will have to be placed on public notice for six months before being registered in the court after that period of time. As per various court orders, binding agreements cannot be signed before giving effect to this notice.
The importance of a Possession Certificate in India is that it is to be prepared while the property is in the possession of the buyer and during a certain period, the seller agrees to hand over the possession of it. This certificate is important as it proves that the seller has given possession or pledge of the property to a third party. If there was no proper possession till then, then it can’t be said that he didn’t own it for sale or not.
The importance of the Possession Certificate must also be registered at the police station as this gives buyers a guarantee that they will get their properties without any hassle and without going through long procedures.
Certificate of Occupancy
Download - Possession Certificate Application From
This is an important statement that certifies that the building was built according to the approved plans and in accordance with local regulations.
After confirming that all local laws have been followed, the local municipal corporation issues this document.
The occupancy certificate must be obtained by the builder.
Many financial institutions require an occupancy certificate when giving loans to property buyers.
What’s the Difference Between a Possession and an Occupancy Certificate?
The occupancy certificate certifies that the premise is fit for occupation, whereas the possession certificate certifies that a claim of possession has been made on a specific property.
The local government issues an occupancy certificate, indicating that the project has been finished in accordance with all construction standards and building codes and is ready for occupation.
The developer or seller issues a Possession Certificate, which verifies the transfer of ownership rights. The certificate specifies the date on which the new buyer takes ownership of the property.
The occupancy certificate grants you the right to a piece of property, but the Possession Certificate verifies that the property has been transferred to the buyer.
Letter of Conditional Possession
A conditional possession letter might be used when a buyer isn't totally pleased with the property. With the possession letter, the buyer can lodge any concerns or issues with the builder or seller.
According to the agreement, the developer must make the required adjustments. It might be due to factors such as shoddy construction or the use of low-quality building materials, among others. If the developer or vendor fails to satisfy the specified condition, the customer has the legal right to use.
Download - Possession Letter
How to Obtain a Certificate of Land Possession in Person?
Every state has its own method for obtaining a land possession certificate. The methods for obtaining a possession certificate are outlined below.
- Get an application form from your local Right to Public Service (RTPS) office, a Revenue Divisional Officer, or an Anchaladhikari.
- The application form is also available to download from the Revenue and Land Reforms website.
- Fill in the online form with the required details in the respective fields.
- Now, submit the application form with all of the relevant documents attached.
- You'll get an acknowledgement receipt and a number to follow your application's progress.
The following documents are required:
The documents needed to get a possession certificate are listed below:
- Copy of the registered lease and/or sale agreement of the property
- Ration Card, Income Certificate, and Aadhaar Card
- Current Proof of Property or Land Tax Paid
- Two Clear Passport-Size Photos
- Identity: Proof of Ownership of Property
- A copy of Encumbrance Certificate
- Clear Photo of the building/property/land
How Do I Get an Online Possession Certificate?
The Revenue Department of the government of the state in which the property is located can issue a Possession Certificate for the property.
To receive a possession certificate, you must submit an online application along with the relevant fees and supporting documentation.
Most states provide an e-District Portal where you may file such an application.
Conclusion
Possession letters are essentially the certificates themselves. In contrast, a possession certificate ensures that the land or property is given to you. An occupancy certificate ensures that you get to stay on the property legally.
We hope you will learn about in possession certificates from the information provided in this blog. Propira is a Top real estate consultant who deals across properties in Alwar, Rajasthan.
If you need any help with investing in property in Alwar, then you can request a call back from our team.
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