BuySellProperty
LoginPost Property
Home › Documents › Possession letter
New project

Possession letter

The developer's letter handing over a flat, with the occupancy certificate quoted, the payments confirmed, the snag list attached and your defect rights left intact.

8 numbered clauses36 blanks to fillFree to copy and adapt

Who uses it and when

Who

A developer handing over a flat in a new project, and the buyer checking the letter before signing the acknowledgement.

When

At handover, after the occupancy certificate is issued and final payments clear.

Assumes

Assumes a project registered under RERA. The developer issues the letter on its letterhead; use this template to check theirs line by line.

The full template

Words in [BRACKETS] are blanks. Fill them in below or after you copy it — nothing you type is sent anywhere.

Fill in the blanks on screen (0 of 36 filled)
POSSESSION LETTER

[DEVELOPER / PROMOTER NAME AND LETTERHEAD]
RERA registration no. of the project: [PROJECT RERA REGISTRATION NUMBER]

Date: [DATE OF HANDOVER]

To:
[ALLOTTEE FULL NAME(S)]
[ALLOTTEE ADDRESS]

Subject: Handing over of possession of [UNIT NUMBER], [TOWER / WING], [PROJECT NAME], [PROJECT ADDRESS]

Reference: Agreement for sale dated [AGREEMENT DATE], registered as document no. [DOCUMENT NUMBER] at [SUB-REGISTRAR OFFICE]

Dear [ALLOTTEE NAME],

1. HANDOVER
We hand over to you today vacant and peaceful physical possession of unit no. [UNIT NUMBER] on the [FLOOR] floor of [TOWER / WING], with a carpet area of [CARPET AREA] square feet as defined under the Real Estate (Regulation and Development) Act, 2016, together with [PARKING NUMBER(S)].

2. OCCUPANCY CERTIFICATE
The occupancy certificate for the building was issued by [AUTHORITY] on [OC DATE], reference [OC NUMBER]. A copy is enclosed.

3. PAYMENTS
We confirm receipt of the full consideration of Rs. [TOTAL CONSIDERATION] under the agreement, and of the following other amounts: [MAINTENANCE DEPOSIT, CORPUS, UTILITY DEPOSITS, EACH WITH AMOUNT AND RECEIPT NUMBER]. No further amount is due from you except as stated in clause 6.

4. KEYS AND ITEMS HANDED OVER
[NUMBER] main door keys, [NUMBER] other keys, [ACCESS CARDS], electricity meter no. [METER NUMBER] with reading [READING], water meter reading [READING], gas meter reading [READING], warranty cards for [APPLIANCES].

5. SNAG LIST
The snag list prepared at the joint inspection on [INSPECTION DATE] is attached and signed by both sides. We will complete the listed items by [SNAG COMPLETION DATE].

6. MAINTENANCE
Maintenance charges for the unit begin on [MAINTENANCE START DATE] at Rs. [MAINTENANCE RATE] per [SQUARE FOOT / MONTH], billed by [MAINTENANCE AGENCY OR ASSOCIATION].

7. DEFECT LIABILITY
Your rights under section 14(3) of the Real Estate (Regulation and Development) Act, 2016 for structural defects and defects in workmanship, quality or provision of services, reported within five years of the date of handing over possession, are not affected by this letter.

8. CONVEYANCE AND ASSOCIATION
[STATUS OF THE CONVEYANCE DEED / SALE DEED, AND OF FORMATION OF THE ALLOTTEES' ASSOCIATION OR SOCIETY, WITH DATES]

For [DEVELOPER / PROMOTER NAME]

______________________
[AUTHORISED SIGNATORY NAME AND DESIGNATION]

ACKNOWLEDGEMENT BY ALLOTTEE
I / We have taken possession of the unit described above on [DATE], subject to the attached snag list.

______________________
[ALLOTTEE FULL NAME(S)]

Enclosures: occupancy certificate copy, snag list, payment statement, meter readings, warranty cards.

This is a sample, not legal advice. Have a lawyer review it for your state and your deal before anyone signs.

What to check, clause by clause

Numbered as they appear in the template.

1

Handover

Carpet area should match the agreement. Measure before signing.

2

Occupancy certificate

The number and date must be on the letter, with a copy. Without an occupancy certificate, utilities and resale can be refused.

3

Payments

Every amount you paid should be listed with a receipt. No vague 'other charges'.

4

Keys and items

Meter readings on the day protect you from paying for the builder's construction power.

5

Snag list

Attach the list, signed, with a completion date.

6

Maintenance

Maintenance should start from handover, not from an earlier 'offer of possession' date unless your agreement says so.

7

Defect liability

Refuse any line that waives your rights. Section 14(3) of the RERA Act covers defects reported within five years of possession.

8

Conveyance and association

Ask when the conveyance deed will be executed and the association formed.

How to complete it

In the order it happens.

  1. 1

    Ask for the draft letter, the occupancy certificate and the final statement of account a few days before.

  2. 2

    Inspect the flat with the possession handover checklist and write the snag list.

  3. 3

    Check the letter against this template, especially the occupancy certificate, payments and defect liability lines.

  4. 4

    Sign the acknowledgement only with the snag list attached and countersigned.

  5. 5

    Collect keys, meter readings and warranties, and record the date.

Questions people ask

Should I sign the possession letter if there are defects?

Sign only with the snag list attached and acknowledged. Your rights under section 14(3) of the RERA Act continue after possession.

Can a developer give possession without an occupancy certificate?

Under RERA, the promoter is responsible for obtaining the completion and occupancy certificates. Taking possession without one exposes you to refused utilities and trouble on resale; ask why it is missing.

When does maintenance start?

Whatever your agreement says. Check that it starts from handover and that the rate matches the agreement.

Sources

  • Real Estate (Regulation and Development) Act, 2016, sections 11(4)(b), 14(3), 17 and 19(10)