What is the meaning of possession (legally) of apartment
gk
(Querist) 14 January 2025
This query is : Resolved
Dear Experts,
Pranam🙏
The term possession is bit confusing among the owners of our Apartments.
A1. Actually what is exactly the definition or meaning of "Possession" in the case of Apartments?
A2. Whether in Apartments property related issues (legal or not) the interpretation of the word 'possession' is different than the word/terminology used as "legal possession" OR "possession in legal terms" ?
A3. I guess possession is exactly associated with a date. Whether this date is the Registration date of that particular flat? OR the ownership transferred date (from the builder/developer to owner)?
A4. In case of a legal dispute, which date will be considered as the date of possession?
NB: Please note, that our builder is not fixed a date for the possession, he just handed over the keys on different dates to each owner - I mean there was not a possession hand over date in our case.
A5. RERA norms or any other State LSGD property Rules specifying a five year terms of guarantee by the builders to the owners as I understand? From which date, the five year terms of guarantee will commence? From this date of possession or registration?
We have some issues with our builder related to the RERA/PMC property norms, in that case how can we consider a particular "date of possession/hand over of flat" which has not been carried out officially?
Anticipating your valuable opinions /advice please.
(The Apartment/property is in Kerala)
Yours faithfully
kvg
T. Kalaiselvan, Advocate
(Expert) 15 January 2025
In apartment terms, possession is the legal right to occupy and use an apartment. It can also refer to the physical transfer of ownership of an apartment from one person to another.
A possession letter declares that the possession of a property is legally transferred from the seller/owner of the property to the buyer.
A flat possession letter is a letter that denotes ownership rights and is issued by the builder to the buyer.
A builder can only hand over possession of a home to a buyer after obtaining the required completion or occupancy certificate. The date when the builder hands over the keys to the home is known as the date of possession.
Real Estate (Regulation and Development) Act, 2016
This act requires builders to obtain the necessary certificates before handing over possession of a home.
Dr. J C Vashista
(Expert) 16 January 2025
Possesssion of apartment implies taking control / physical taking over.
