Possession Certificate: Everything You Want to Know About the Possession Certificate

In the world of real estate property ownership, there is one thing that most homeowners don’t know of but that holds great importance – the possession certificate of the property. It is a legal document that confirms your ownership of the property. 

Whether you want to purchase a new home or piece of land, knowing exactly what a possession certificate is and how it works is paramount. This knowledge will safeguard your rights as the property owner. So, in this blog, we will discuss different aspects of this important legal document that you ought to know. 

 

What is a possession certificate?

As mentioned earlier, a possession certificate is a legal document issued by the local governing authority when you purchase a real estate property. It certifies that you are the legal owner of the said property and helps you avoid any disputes relating to the property. 

 

What is a conditional possession certificate?

A conditional possession certificate is a legal document that details the terms and conditions under which a person or entity is allowed temporary ownership of the property. It usually comes into play when the ownership of the property is not fully transferred, but the party in question is given the authority to occupy or possess the property only when certain conditions are met, as mentioned in the certificate. 

This certificate outlines the specific conditions that the occupant of the property must meet and mentions the duration for which their possession is valid. These factors may include paying a deposit amount, adhering to certain rules, and/or fulfilling a specific contractual agreement. 

 

Is an occupancy certificate and a possession certificate the same?

Many property buyers, especially first-time home buyers who take home loans, get confused about possession certificates and occupancy certificates. They believe both documents are the same and also use the terms interchangeably. 

The truth is that an occupancy certificate is a type of possession certificate, and there is more than a difference between the two. An occupancy certificate (OC) is a document issued by the local government authorities to the property's builder. It states that the property is safe for occupancy. 

The government authorities verify whether the building has been constructed according to the approved plan and the building codes before issuing the OC. So, it basically focuses on the property's safety and compliance. 

 

Important documents required to get a possession certificate

Like any other legal document that you get from a government authority; to get the possession certificate of the property, you must abide by the documentation. This is to ensure that you have completed the transaction legally.  You must furbish certain important documents –

• Proof of identity – Voter ID, Aadhaar Card (you can submit any one of these documents)
• Sale deed – The sale and purchase agreement copy between you and the seller
• Land record – Document proving the lineage of the land ownership on which the said property is built or stands
• BCC (Building Completion Certificate) – A certificate issued by the regional municipal corporation certifying the completion of the building; it is required for newly constructed properties
• Property tax receipts – The tax receipts to confirm that the said property is clear of all dues

 

How to Apply for a Possession Certificate?

Now that you know about the documents required to get the possession certificate, you must also know about the steps or process to apply –

• Visit the official E-district or Meeseva Portal
• Register yourself on the portal and log in using the credentials
• Fill out the application form with all the necessary information (as required)
• Upload the necessary documents (it may vary in different states)
• Pay the application fees
• Submit the application form and track the status

 

The Possession Certificate Status: How do I check it?

Applying for the possession certificate is only the first step in the process of getting the certificate that proves you are the legal owner of the property. After you apply for the certificate, you must keep track of your application status. 

You can visit the E-district portal or the Meeseva Portal, log in using the credentials and check the status of your application. 

 

How long does it take to get a possession certificate?

Typically, it may take about 7-10 days to get the possession certificate. However, this timeline may not always apply. The duration depends on various factors, such as how well you comply with the application process, whether you have submitted all the necessary documents, the location of the property, etc. 

 

Frequently Asked Questions

Is there a difference between a possession certificate and an occupancy certificate?

A possession certificate confirms that you are the legal owner of the property. Whereas, an occupancy only certifies that the property you wish to buy is safe for occupancy and that it is built as per the approved plan and in accordance with the local building codes. 

 

What is the validity of the possession certificate?

A possession certificate is valid for a period of 12 years from the date of issuance. After that you must renew the same to avoid any legal disputes with the authorities as well as maintain the legal ownership of the property. 

 

Can you transfer a possession certificate to another person?

Yes, you can transfer the possession certificate of the property to another person. 

 

What happens if the possession certificate is lost?

The possession certificate is a critical legal document, and you must not lose it. However, if by chance you lose it, you must immediately inform the local registrar and make a case citing the circumstances under which you lost it. Then, apply for a new one or a duplicate of the same and follow the necessary steps. 

 

How long does it take to receive the certificate?

Generally, you can get the possession certificate within 7-10 days of completing the application process. However, this greatly depends on how well you have complied with the application process.

 

What documents do I have to submit?

To get the possession certificate, you must submit the following documents

• Proof of identity – Voter ID, Aadhaar Card (you can submit any one of these documents)
• Sale deed – The sale and purchase agreement copy between you and the seller
• Land record – Document proving the lineage of the land ownership on which the said property is built or stands
• BCC (Building Completion Certificate) – A certificate issued by the regional municipal corporation certifying the completion of the building; it is required for newly constructed properties
• Property tax receipts – The tax receipts to confirm that the said property is clear of all dues

 

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