What is a possession certificate for house?
A possession certificate for a house is an official document issued by the local authorities, such as the revenue department or municipal corporation, confirming that a person has possession of a particular property. This document serves as legal proof that the individual occupies or controls the property. The possession certificate is different from ownership documents, like title deeds, as it focuses on the physical control or occupation of the property. It is often needed in property transactions, when applying for loans, and for addressing disputes related to property ownership.Understandingimportance of possession certificateis essential, as it clarifies the legal standing of someone occupying the property even if the ownership title is still in process.
Importance of possession certificate in property transactions
The possession certificate is crucial for property transactions as it serves as proof that the person in question has control over the property. Understandingpossession meaningis essential here, as it clarifies that possession refers to the actual physical control or occupation of the property, even if legal ownership documents like title deeds are still in process. Without this certificate, proving possession could become legally complicated, especially in cases of disputes over ownership or illegal encroachments. The possession certificate ensures the legitimacy of a property transaction, making it easier to transfer ownership, secure home loans, or engage in legal proceedings. In addition to this, property buyers often ask for possession certificates as a way of confirming that the seller is in lawful possession of the property and there are no encumbrances.Key differences between possession certificate and occupancy certificate
Feature | Possession certificate | Occupancy certificate |
Definition | Proof of physical possession of property | Proof that a building is ready for occupancy |
Issued by | Local revenue or municipal authorities | Local municipal or building authorities |
Use case | Legal evidence of possession and control | Required for registering completed buildings |
Relevance | Relevant for property disputes and ownership claims | Relevant for new construction or building occupancy |
Timing of issue | Issued once the person takes possession of the property | Issued after construction completion and inspection |
Types of possession certificates for house
There are different types of possession certificates issued based on the situation and property type. These include:Standard possession certificate: This certificate is issued to individuals who have legally acquired and taken possession of a residential property.
Revenue possession certificate: Issued for agricultural land or rural properties, proving possession.
Municipal possession certificate: Issued for properties located within municipal limits, confirming the physical possession of residential or commercial buildings.
Each type has its own set of eligibility criteria and documentation requirements, depending on the nature of the property and the jurisdiction.
How to obtain a possession certificate for house in India?
To obtain a possession certificate for a house in India, the following steps are generally followed:Visit the Official Portal: Most states have an online portal for property-related services
Create an account or log in: Users must create an account or log in to the portal using their credentials.
Select possession certificate: Navigate to the "Possession Certificate" section of the portal.
Provide property details: Enter necessary property details, such as survey numbers, property address, and ownership status.
Upload documents: Submit required documents such as land records, proof of ownership, identity proof, and tax receipts.
Submit and pay fees: After submitting the application, pay any required processing fees.
Download the certificate: Once the certificate is approved, it can be downloaded directly from the portal.
Documents required for possession certificate application
Document | Description |
Proof of identity | Aadhar card, voter ID, passport, etc. |
Proof of ownership | Sale deed, gift deed, or title deed. |
Land record | Khasra, Khatauni, or property records. |
Tax receipts | Latest property tax receipt. |
Property details | Survey number, address, or registration number. |
No Objection Certificate (NOC) | From local authorities or neighbours (if required). |
Common challenges in obtaining possession certificate
Incorrect property records: Errors in land records or incorrect property details can delay the issuance of the certificate.Incomplete documentation: Failure to submit complete or accurate documents often results in rejection or delays.
Disputes over ownership: If there are disputes regarding the ownership or possession of the property, obtaining a possession certificate may become challenging.
Technical issues: Online portals may face technical problems or outages that hinder the application process.
Regional variations: The process for obtaining the certificate can vary from state to state, leading to confusion.