What are the things one should notice before taking possession of the property in India?

1. Guidelines for taking possession of the Property in India
Aggregated and Prepared by: www.nirrtigo.com
Green Realtech Projects Pvt. Ltd
Real Estate Projects India | User Ratings & Reviews | Common Cause | Discussions | Research Page
Guidelines for taking possession of the Property:
When a person occupies the immovable property of another person without any legal right to be in possession of the
same, such person is only a "trespasser". Such a trespasser is illegal in the eyes of law and can meet the vigor of law
under several statutes.
This is a valuable right in the hands of a person with a legitimate legal right to possession. However, in the hands of
"trespasser", this right can be misused and it can be prevented only through the setting aside of such an order by
higher courts of law involving considerable time and money. The importance of unencumbered possession is well
captured by the saying "Possession is 90 per cent of title" or "Possession is nine points in law". Therefore it is
essential to have vacant possession of the property, particularly while buying a property. It is also essential to ensure
that the property is kept free from trespassers after purchasing and taking possession of the same.
At the time of handing over the final payment and taking possession of the property, it should be ensured that:
 Property is vacant. A letter stating that peaceful and vacant possession of the premises has handed over
should be taken from seller (possession letter).
 All the original documents of Title and supporting documents/approved plans (original copies) scrutinized to
verify the title to the land and the approvals for building, if any thereon are handed over to the buyer by the
seller.
 In case of new building, it should be ensured that the building has been given the Completion/Occupancy
Certificate by the concerned authorities i.e. the building is complete in all respects (electricity, water supply,
etc.) and is fit for occupation.
 Mutation is done to reflect the name of the purchaser/owner in the records of the municipal corporation,
Index II etc.
 The name of the owner of the property should be changed in the records of the society, electricity and other
utility companies.
Source: National Housing Bank
About NirrtiGo
NirrtiGo is owned and founded by Green Realtech Projects Pvt. Ltd.
NirrtiGo is an online real estate platform to find, discuss, review, rate,
and track real estate & property in India.