Possession, Occupancy Certificate and Sale Deed: What Buyers Should Know

Real Estate Law · For homebuyers

What should happen at the end of a project, and what to ask for. General legal information only.

Occupancy or completion certificate

An occupancy or completion certificate confirms that the building was completed in line with the sanctioned plan. Ask for it before accepting possession. Possession of a building without it can create problems with utilities, loans and later sale.

Taking possession

  • Inspect the unit against the agreement and note defects in writing.
  • Take possession only after paying the amounts due under the agreement, and dispute any extra demand in writing.
  • Keep the possession letter, handover checklist and keys receipt.

Sale deed or conveyance

Ownership is transferred by a registered conveyance deed, on which stamp duty and registration charges are paid in the state where the property lies. Where the land is leasehold from an authority, the lease terms and any transfer permissions also matter. Registration formalities should be completed promptly, not left for later.

Association and common areas

The promoter must handle the formation of the association of allottees and the handover of common areas as the Act and rules provide. Delay or refusal can be raised before the Authority.

If the promoter delays

You may have remedies for delayed possession, delayed conveyance and defects. See the homebuyer complaint guide.

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Important disclaimer: This article is general legal information, not legal advice. It does not create a lawyer-client relationship and is not an advertisement or solicitation under Bar Council of India rules. Verify current statutes, rules and judgments before relying on it.