How to get possession certificate?

A possession certificate is a crucial document that validates the legal ownership of a property, ensuring the transfer of property rights from a seller to a buyer. It plays a key role in property transactions and is often required to secure loans or complete registrations. Whether you’re a first-time home-buyer or an investor, understanding the significance of this certificate can help safeguard your interests.

This comprehensive guide will walk you through the importance of a possession certificate, outlining why it is essential for both legal and financial purposes. You’ll also find a detailed list of the documents required for obtaining this certificate, along with a step-by-step guide on how to apply for it, ensuring a smooth and hassle-free process. Additionally, we’ll cover how to conveniently check the application status online, so you can track your request with ease.

Whether you're buying a new property or applying for a home loan, knowing the ins and outs of a possession certificate will give you peace of mind and prevent future legal complications. Dive into this guide to get all the information you need on this vital document.

What Is A Possession Certificate?

The local government of India issues a document known as a Possession Certificate, or PC, to confirm that an individual or organization has been occupying a property lawfully. A variety of legal transactions involving the property, such as selling or getting a mortgage, require a certificate of possession, which acts as an identity of ownership.

The local authorities have to collect several documents before they will grant a possession certificate, including the building plan approval, the completion certificate, and tax receipts.

Read Also: How To Apply For a Completion Certificate And Occupancy Certificate

Reasons Why the Possession Certificate is Essential

In property deals, the possession certificate is essential for several reasons:

Proof of Ownership

Possession certificates provide you with substantiated proof that the asset is truly yours. It lessens the likelihood of disputes or misunderstandings over control of property.

Property Transactions

They are essential to the buying or selling of a property. In addition, it is necessary for property registrations, loan or mortgage applications, and other transactions involving real estate. The certificate protects the interests of buyers and sellers and guarantees transparency.

Legal Compliance

If you own property, possession certificates can help safeguard your legal rights. They ensure that no one can claim your belongings or get in your way.

Dispute Settlement

This certificate is an essential means to resolve Family property-related conflicts if they arise. For use as proof in court, it offers a clear record of control, custody, and other relevant data.

Document Required To Obtain Possession Certificate

Depending on the jurisdiction and the particulars of the situation, particular requirements may change, but generally, you should have the following ready:

• Application Form: A filled-out application for the certificate of possession. Typically, this is available via the internet or at the local municipal office.
• Identity Verification: A government-provided means of identity verification. It includes an Aadhar card, passport, driver's license, or voter ID.
• Documents Related to Property:
  • Title Deed: A document attesting to the property's ownership.
  • Sale Deed/Agreement: If one exists, the property transfer is documented in the sale deed or purchase agreement.
• Proof of Possession: Records attesting to your actual ownership of the asset. It includes utility bills, an occupancy certificate, or old tax receipts.
• Property Tax Receipts: Evidence of current and timely property tax payments.
• No Objection Certificate: You could need a NOC from the relevant authorities or the previous owner. It depends on the circumstances, such as if the property was a part of a development project.
• Affidavit: A notarized declaration attesting to your ownership rights and the absence of any disputes over who is actually in possession of the property.
• Photographs: Current images of the property might be required.
• Additional Documents: A land survey report or an occupancy certificate from the local authorities are examples of additional documents you might require, depending on the local restrictions.

How to Apply For A Possession Certificate

You must adhere to specific guidelines and protocols to receive a Possession Certificate:

• Required Documents: Depending on the state or city in which the property is located, gather all of the necessary paperwork.
• Go to the Municipal Office: Visit the local civic authority, municipal council, or municipal corporation that is in charge of offering possession certificates. It could occasionally be the Town Planning Department or the Development Authority.
• Send in the Application: Complete the Possession Certificate application form. Please affix the necessary paperwork to this form. For verification, make sure you have both the original documents and photocopies of them.
• Pay the Appropriate Costs: In most cases, applying will incur a fee. At the specified transaction counter, pay the needed amount and receive a receipt.
• Confirmation Procedure: To make sure the property complies with local building laws, the relevant authorities may inspect it in addition to verifying the submitted documentation.
• Follow-Up Inquiry: Record the reference number you were given when applying so you can monitor its progress. You can inquire at the proper office about the condition of your application.
• Distribution of Certificate: Upon finishing the verification process successfully and meeting all requirements, you will be given the Possession Certificate. The local administrative procedures may cause variations in the issuing time.

Here is a sample format for a possession certificate

How Long It Takes to Get A Possession Certificate?

In some cases, it is possible to obtain a possession certificate within as little as 7 days. However, this timeframe may not apply to all situations. The duration to receive a possession certificate can vary based on factors such as location, property complexity, and the efficiency of the local authority.

If the property meets all requirements and the documentation is complete, a possession certificate might be issued more quickly. However, it is crucial to acknowledge that in certain instances, the procedure could require more time. It is advisable to speak with the local government or seek the advice of experts who are familiar with the rules and processes in your region for a more precise estimate of how long it will take to receive a possession certificate for your particular homeland.

How To Check Application Status of Possession Certificate?

The first step in this process is learning how to apply online for a possession certificate. Following up on your application is just as crucial. Several government platforms provide real-time tracking.

Determine the Authority

Find out the particular entity in your area is in charge of granting possession certificates. It can be the local development authority, the municipal corporation, or another similar level of government.

Go to the Official Website

Visit the relevant authority's official webpage. The websites of your local government and internet searches are usually good places to look for this information. Some of them are:

E-District Portal

The E-District Portal serves as a hub for state-level paperwork by providing state-specific services such as land possession certificates.

Meeseva Portal

This platform serves a broader clientele by offering a vast array of services in multiple states, such as utility payments, birth certificates, and documentation pertaining to land.

Locate the Relevant Section

Navigate to the web page's possession certificates or property-related services section or tab. It could be known as "Property Services" or "Property Tax."

Fill Up the Necessary Information

To get the status after you've accessed the online service, you might have to supply some information. The application number, property address, property identification number (PID), and any other data about your application may be included in this.

Send the Data In

Input the necessary information precisely, and verify it again for any mistakes. Fill out the online form or use the offered system to submit the information.

Verify the Progress

The system will show the status of your possession certificate application once you have entered the necessary data. It could state whether it has been accepted, denied, or is still being processed.

Take Necessary Actions

You can respond appropriately based on the status that is shown. You can move forward with additional procedures or necessary documents if the certificate is accepted. If your application is rejected, get in touch with the appropriate authority to get more information, or try submitting it again if needed.

Validity Of Possession Certificate

Depending on the state or municipality where the property is located, as well as its local rules and regulations, a possession certificate's validity in India may change. It usually remains in effect until the property's ownership or tenancy changes.

The Possession Certificate may occasionally need to be renewed by the local authorities after a predetermined amount of time. For instance, every five or twelve years after the date of issuance. In these situations, the property owner has to provide the local authorities with a renewal application and the necessary paperwork.

Conclusion

To sum up, the Possession Certificate is an invaluable record that is important to both individuals and communities. It offers assurance and defence against disagreements or claims by acting as indisputable proof of the rightful possession and ownership of a piece of property.

You must adhere to the particular guidelines and protocols established by the local authorities in order to obtain the possession certificate. To ensure a seamless and legal purchase of the possession certificate, which will safeguard your ownership of the property, it is advisable to seek professional help.

FAQ Related To Possession Certificate

Q1. What is the difference between a possession letter and possession certificate?

A possession letter is issued by the builder or developer, indicating the date on which the property is handed over to the buyer. It is more of a notification and is not a legal document for ownership. On the other hand, a possession certificate is a legal document issued by a local authority or the revenue department. It certifies that the property has been physically transferred to the buyer and confirms rightful possession. The possession certificate is crucial for legal ownership and further registration processes.

Q2. What is a possession certificate for a house?

A possession certificate for a house is an official document issued by the local authorities, like the revenue department, that certifies the buyer has legal possession of the property. It serves as proof that the property has been handed over to the buyer and is essential for completing the registration and property tax processes.

Q3. What is the meaning of a possession letter?

A possession letter is a document provided by the builder or developer to the buyer stating that the property is ready for handover. It mentions the date on which the buyer can take physical possession of the property but does not serve as a proof of ownership. It is more of an acknowledgment that the construction is complete and the property is ready for occupancy.

Q4. is possession certificate important

Yes, a possession certificate is very important. It is a legal document that verifies the buyer's ownership of the property. Without it, the buyer may face issues with property registration, applying for a home loan, or paying property taxes. It is also essential for proving your rights in case of any property-related disputes.

Q5. Difference Between Possession Certificate & Occupancy Certificate

 possession certificate confirms that the buyer has taken possession of the property, whereas an occupancy certificate is issued by the local municipal authority to verify that the property is fit for occupation. The occupancy certificate ensures that the building has been constructed according to approved plans and complies with safety standards, while the possession certificate simply certifies that the buyer has taken physical possession of the property.

Q6. What happens if I don't have a certificate of possession?

If you don't have a certificate of possession, you may encounter difficulties with property registration, paying property taxes, or even reselling the property. The absence of this certificate may also complicate legal ownership claims and could make it harder to secure a home loan or prove rightful possession in case of disputes.
 

About The Author:

Adv. Amolika Bandiwadekar is a legal professional with over two years of experience specializing in RERA (Real Estate Regulatory Authority) matters. Her expertise lies in navigating complex regulatory frameworks, providing strategic legal counsel, and ensuring compliance with real estate laws. She has collaborated with homebuyers and authorities to resolve intricate issues, promoting transparency and accountability within the sector. With extensive hands-on experience in the RERA Act, she is adept at handling complaint registrations, dispute resolutions, and regulatory processes. Driven by a commitment to fair practices and efficient legal solutions, Amolika aims to contribute meaningfully to the evolving landscape of real estate law.