Kaagazaat

Possession Letter (Kabza Patra)

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Price
₹99 · GST included

₹99

GST included

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Also called

  • Kabza Patra
  • Kabza Nama
  • Possession Certificate
  • Letter of Possession
  • Handover Letter
  • Possession Receipt
  • Delivery of Possession Letter
  • Qabza Patra

Whether you can fill this in here

You can fill this in here

You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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Why you need it

When you need it

Use on the day the seller hands over keys, after the sale deed (bainama) is signed — registry pending or not. Settles whether possession passed and when, deciding who pays the disputed month's bills, who bears an accident's loss, when s.24(b) interest deduction starts, and settled possession vs trespass in litigation. Also corroborative for the capital-gains holding period, which on a resale runs from the conveyance. For a resale handover — flat, house, floor, plot, shop, office; any number of sellers; financed or not. Do NOT use without a sale deed: possession under a bare agreement to sell is deemed a conveyance in most states, full ad valorem duty — execute the deed first. Do NOT use once the registration window has closed: four months from signing, extendable four more on a fine; beyond that, no registration. Do NOT use for a builder-to-allottee handover of a new flat — needs the occupancy certificate, RERA defect-liability period, maintenance corpus and delay compensation.

See stamp duty, registration and witnesses

What follows is the position for this kind of document. The amount is set by the state the property is in and it changes, so the figure for your own state is worth confirming at the sub-registrar’s office before you pay anything.

Stamp duty

Not a conveyance — duty is on the sale deed; this letter records delivery only, creating no right of its own (clause 13; keep it). Execute on non-judicial stamp paper under the residuary Article 5: Rs 100 common (UP, Haryana, Maharashtra, Rajasthan, MP, Telangana, AP); Delhi ~Rs 50, Karnataka ~Rs 200 — verify current figure. Clause 16 makes two originals: buy stamp paper for EACH (unstamped second original impoundable, s.35). e-stamp via SHCIL or GRAS/e-SBTR (Maharashtra) — buy in a party's name. WARNING: no sale deed plus possession under an agreement to sell is deemed a conveyance (Explanation, Art.23, Stamp Act 1899; e.g. Maharashtra Art.25), full ad valorem duty plus penalty up to several times the shortfall (s.40).

Registration

Not compulsory — recording delivery doesn't create a property interest, so s.17(1)(b) isn't attracted; optional under s.18, rarely done. Not a substitute for registering the sale deed — title passes only on that registration (TP Act s.54 + s.17(1)(b)). If the deed isn't yet registered, set the registration-pending date within the HARD limit: four months from signing (s.23), extendable four more on a Registrar's application with a 10x fine (s.25) — beyond eight months, no registration ever; don't hand over keys past that without advice. An agreement to sell needs its own registration for s.53A protection (s.17(1A), 2001). After possession, apply for mutation; mutation records who pays tax, not title.

Notarisation

Not required by law, but recommended: the notary's register entry is a contemporaneous public record of the date, worth more than the parties' own say-so in a possession dispute, for a few hundred rupees. Notarise where signed, both present, photo ID sighted. Not a substitute for registration, and doesn't cure wrong-value stamping.

Witnesses

No statute requires attestation (s.59 Transfer of Property Act: mortgages; s.123: gifts; s.63 Succession Act: wills — not this), but sign before two witnesses as the strongest evidence of the handover time. Use witnesses actually present, names/addresses recorded. Adults of sound mind, not a party/co-owner/POA holder. Also: initial every page; photograph meters and each room on the day; sign two originals; keep the photos.

Talk to a lawyer about this document₹3,539 including GST (₹2,999 + 18% GST), per documentRequest Stamp Paper

Sample preview — placeholder answers, not your data

POSSESSION LETTER (KABZA PATRA)

Date: 5 April 2026
Place: Gurugram, Haryana


1. The parties

Seller: Rajinder Kumar Sethi, son of Late Sh. Harbans Lal Sethi, resident of X, PAN AABPS1234K.

Together with the following co-owners, who join in this letter and are referred to along with the person named above as "the Seller":

Smt. Sudesh Sethi, wife of Sh. Rajinder Kumar Sethi, resident of B-14, Sector 21, Gurugram
Sh. Anil Sethi, son of Late Sh. Harbans Lal Sethi, resident of 44, Green Park, New Delhi

The Seller signs this letter through Sh. Anil Sethi, son of Late Sh. Harbans Lal Sethi, under a registered General Power of Attorney dated 12 March 2024, registered as document no. 4471 with the Sub-Registrar, Gurugram. The Seller confirms that this power of attorney is subsisting, has not been revoked, and authorises the attorney to deliver possession of the Property.

Buyer: X, daughter of Sh. Mohan Lal Arora, resident of X, PAN X.

Together with the following joint buyers, who join in this letter and are referred to along with the person named above as "the Buyer":

X

The Buyer signs this letter through X. The Buyer confirms that this power of attorney is subsisting, has not been revoked, and authorises the attorney to take possession of the Property.

2. The property

2.1 This letter concerns the flat described in Schedule A, called "the Property" in this letter.

3. The sale

3.1 The Seller has sold the Property to the Buyer by a Sale Deed (bainama) dated 1 April 2026 for a total consideration of ₹25,000 (Rupees Twenty Five Thousand only).

The Sale Deed has been registered as document no. Vol. 1247, Book No. 1, Document No. 8891 of 2026 with the Sub-Registrar, Gurugram (Sohna Road).

The Sale Deed has been signed by both parties but has not yet been presented for registration. Both parties agree to appear before the sub-registrar and present the Sale Deed for registration on or before 2 April 2026, and to pay their respective shares of the stamp duty and registration fee as provided in the Sale Deed. Both parties record that the Sale Deed must be presented for registration within four months of the date on which it was signed, as required by Section 23 of the Registration Act 1908; that any extension beyond that period is available only at the discretion of the Registrar under Section 25, for a maximum of four further months and on payment of a fine; and that the date agreed above falls within the period allowed by Section 23. Both parties record and accept that ownership of the Property will pass to the Buyer only when the Sale Deed is registered, that a Sale Deed which is not registered within the period allowed by law conveys no title at all, and that possession is being delivered now in anticipation of that registration and not in substitution for it.

Consideration still outstanding. Of the sale consideration, ₹25,000 (Rupees Twenty Five Thousand only) had not been paid to the Seller as at the date of this letter. The Buyer is holding this amount back as security for what the Seller still has to do, and will pay it once that has been done. The Buyer will pay that amount to the Seller on delivery of the original no-dues certificate and share certificate transfer endorsement from the society, and in any case within 45 days of possession. The Buyer will in any event pay that amount to the Seller on or before 3 April 2026.

3.2 The Buyer has paid and the Seller acknowledges receipt of the entire sale consideration. Nothing further is due from the Buyer to the Seller on account of the price of the Property.

4. Delivery of possession

4.1 On 4 April 2026 at 11:30 a.m., at the Property, the Seller handed over and the Buyer took vacant, peaceful and physical possession (kabza) of the Property.

4.2 The Seller confirms that when possession was delivered, the Property was free from occupation by any tenant, licensee, sub-tenant, caretaker, watchman, contractor, relative, servant or any other person, and that no person other than the Buyer is now in possession of the Property or of any part of it, or has any right to occupy it.

The Property was earlier occupied by Sh. Vikram Nair, tenant under a leave and licence agreement dated 1 April 2024, who vacated the flat on 31 July 2026 and whose security deposit has been refunded in full by the Seller. That occupation has ended and the occupant has vacated the Property. The Seller confirms that the occupant has no subsisting right, claim or interest in the Property and no claim against the Buyer for any deposit, compensation or payment, and the Seller will settle any such claim if one is made.

4.3 The Buyer inspected the Property with the Seller before taking possession, and both parties walked through it together.

4.4 The Seller will not re-enter the Property or disturb or interfere with the Buyer's possession of it, and will not allow anyone claiming through the Seller to do so.

5. Keys and access

5.1 The Seller has handed over to the Buyer all keys, access cards, remotes and access codes for the Property, as listed with their numbers in Schedule B. The Buyer has counted them and confirms receipt.

5.2 The Seller confirms that neither the Seller nor anyone acting for the Seller has kept any duplicate key, card, remote or access code for the Property, and that no key of the Property is lying with any broker, contractor, relative, domestic help or other third party.

6. Meters and utility connections

6.1 The utility connections for the Property and their meter readings at the time of handover are recorded in Schedule C. Both parties read the meters together at the time of handover and agree that the readings recorded in Schedule C are correct.

6.2 The Seller has paid all electricity, water, piped gas and other utility charges for consumption up to those readings. The Buyer is responsible for consumption after those readings.

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₹99, GST included.

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