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Commercial Handover and Possession Memo with Snag List

At a glance

Price
₹399 · GST included
Stamp duty
This Memo records the fact, date and condition of taking possession under a Lease that already exists — it does not itself grant, create, transfer, limit or extend any interest in the Premises, so none of the ad valorem duty charged on a lease under Article 35, Schedule I-A to the Indian Stamp Act, 1899 as it applies in Punjab or as it applies in Chandigarh is attracted by it.
Registration
Not compulsory, in Punjab or in Chandigarh.
Witnesses
Not compulsory, but worth having, because the rectification remedy this Memo records can mean money is later deducted from Rent or a rent-free period is later extended.

₹399

GST included

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Guided questions, full draft on screen, download in Word.

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Also called

  • Handover / Possession Memo
  • Commercial Possession Certificate
  • Handover Certificate for Commercial Space
  • Snag List and Rectification Schedule
  • Defect List at Handover
  • Joint Inspection Memo
  • Possession-cum-Snag List
  • Snagging List

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.

Fill this one in
Why you need it

When you need it

At the moment commercial premises in Punjab or Chandigarh actually change hands — a shop, showroom, office floor, godown or industrial shed being handed from the Landlord to the Tenant under a Lease, Agreement to Lease or Letter of Intent the Parties have already signed. Signed by both Parties on the day of physical handover, at or immediately after the joint inspection. Records, on the spot, while both Parties are looking at the same Premises: the date and fact of handover; what that date fixes under the Lease — the Commencement Date, a fit-out-only possession, or neither; the condition of the Premises — bare shell, warm shell, or fitted and ready for occupation — with the specifics that make that description mean something later; the electricity and water meter readings; the keys and access devices handed over; and a snag list of defects or incomplete items the Landlord agrees to rectify, with a Rectification Period and a stated remedy if that period passes without the work being done. Complements the joint inspection record a Lease already provides for — a registered Commercial Lease Deed asks for one under its own Schedule II at the Commencement Date — for a handover that needs its own signed paper: where the joint inspection was recorded only in outline, where possession happens later than execution, or where no Lease deed of that kind was used at all. One document instead of preparing a bare possession certificate and a separate snag list. Not the Lease itself: it grants no interest in the Premises, fixes no rent and creates no tenancy — it assumes a Lease already exists and records the physical facts of taking possession under it. Not a certificate of title, and not a waiver of any claim the Tenant has not expressly settled here. Where no Lease has yet been signed, use the Commercial Lease Deed or a Letter of Intent first.

See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

This Memo records the fact, date and condition of taking possession under a Lease that already exists — it does not itself grant, create, transfer, limit or extend any interest in the Premises, so none of the ad valorem duty charged on a lease under Article 35, Schedule I-A to the Indian Stamp Act, 1899 as it applies in Punjab or as it applies in Chandigarh is attracted by it. What clause 4.2 does create is a written promise about rectification and what happens if it is missed, and an instrument recording a promise not otherwise specifically charged is chargeable under Article 5 of Schedule I-A to that Act — a small fixed duty in both jurisdictions, not one computed on rent or on the cost of the snag items. Have the current Article 5 figure confirmed with the Collector of Stamps, or at a licensed stamp vendor, before this Memo is signed; see lawyerShouldCheck for why no rupee figure is printed here.

Registration

Not compulsory, in Punjab or in Chandigarh. Section 17 of the Registration Act, 1908 reaches a document that creates, declares, assigns, limits or extinguishes a right of Rs 100 or more in immovable property; this Memo does neither — the Lease already created whatever interest the Tenant holds, and this Memo only records that possession under it was actually taken, on what terms, and in what condition. That holds whether or not the Lease itself required registration, and this Memo does not cure a Lease that ought to have been registered under section 107 of the Transfer of Property Act, 1882 and section 17(1)(d) of the Registration Act, 1908 and was not.

Notarisation

Not required. Both Parties sign in each other's presence at the joint inspection, which is the point of completing this Memo on the spot rather than afterwards. A Party that wants extra evidentiary comfort may still have its signature notarised; that is not a condition of this Memo taking effect.

Witnesses

Not compulsory, but worth having, because the rectification remedy this Memo records can mean money is later deducted from Rent or a rent-free period is later extended. If the Landlord or the Tenant later disputes what was actually seen or agreed at the handover, an independent witness who was actually present is the difference between being able to prove it and not.

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Sample preview — placeholder answers, not your data

COMMERCIAL HANDOVER AND POSSESSION MEMO WITH SNAG LIST

Signed at the joint inspection of: SCO 14, Sector 8-C, Chandigarh 160009

Executed at S.A.S. Nagar (Mohali) on 1 April 2026.

Parties

1. The Landlord — Sethi Estates Private Limited, of House No. 1204, Sector 33-C, Chandigarh 160020, mobile +91 XXXXX XXXXX, email sethi.estates@example.com, represented at the handover by Harpreet Kaur Sethi, Director, authorised by board resolution dated 4 March 2026 ("the Landlord").

2. The Tenant — Northline Analytics Private Limited, of Plot No. 8, Phase 8-B, Industrial Area, S.A.S. Nagar (Mohali) 160055, mobile +91 XXXXX XXXXX, email ops@northlineanalytics.in, represented at the handover by Rohit Nair, Director, authorised by board resolution dated 6 March 2026 ("the Tenant").

Background

A. The Landlord and the Tenant are parties to Commercial Lease Deed dated 4 March 2026, registered as document no. 1123 of 2026 at the office of the Sub-Registrar, S.A.S. Nagar (Mohali) ("the Lease"), under which the Landlord has agreed to give, and the Tenant has agreed to take, possession of the Premises described below.

B. The Parties have jointly inspected the Premises on the date of handover and record in this Memo the fact of handover, the condition of the Premises, the meters, keys and access devices handed over, and the snag list agreed between them.

1. The Premises

1.1 SCO 14, Sector 8-C, Chandigarh 160009. Unit 305, Third Floor, Tower B, Bestech Business Tower, Sector 66, S.A.S. Nagar (Mohali), approximately 2,400 sq ft carpet area

What this document is for

Landlords and tenants sign this at the moment a shop, showroom, office floor, godown or industrial shed actually changes hands in Punjab or Chandigarh, under a Lease, Agreement to Lease or Letter of Intent the two of them have already signed. It is completed on the spot, at or right after the joint inspection, and records what both sides are looking at together: the date possession changed hands, the condition of the space, the meter readings, the keys and access devices handed across, and any defects the landlord still has to fix.

It is not the lease itself. It grants no interest in the premises, fixes no rent and creates no tenancy — it only records the physical facts of taking possession under a lease that already exists. Where no lease has been signed yet, this Memo is the wrong document; sign the lease or the letter of intent first.

Before you use this — the rent-deduction remedy depends on the lease itself

This Memo assumes a Lease, Agreement to Lease or Letter of Intent already exists, and it does not cure one that should have been registered but was not. Where the snag list records defects, one of the remedies on offer lets the tenant get an unrectified item fixed and deduct the reasonable cost from a future rent instalment — but whether that deduction actually holds up depends on what the underlying lease itself says about rent and repairs. A lease that is silent, or that expressly forbids setting costs off against rent, can leave this Memo's promise unenforceable against that clause. Read the lease's own rent and repair terms before relying on it.

Stamp paper and registration

Stamp paper needed

Yes

Typical stamp duty — Punjab

Ask us — This Memo records a promise about rectification, not a lease or a sale — the template places it under Article 5 of Schedule I-A, a small fixed duty for an instrument recording a promise, worked out neither from the rent nor from the cost of the snag items, but it deliberately prints no rupee figure. Have the current Article 5 amount confirmed with the Collector of Stamps, or at a licensed stamp vendor, before this Memo is signed.

Typical stamp duty — Chandigarh

Ask us — The same Article 5 fixed-duty reasoning applies in principle, but the library found the Chandigarh schedule described inconsistently elsewhere — some sources name it Schedule I, others Schedule I-A — so the article, the schedule and the current figure all need confirming with the Sub-Registrar before signing, rather than printing a number that might be citing the wrong schedule.

Registration at the Sub-Registrar

No — Not compulsory in either Punjab or Chandigarh — this Memo only records that possession was taken under a Lease that already exists, so it does not itself create, limit or extinguish the kind of right that makes registration compulsory. Nothing stops the parties registering it anyway if they want the extra evidentiary weight.

Notary or witnesses

No notary needed — both parties sign in each other's presence at the joint inspection itself, which is the point of completing this Memo on the spot rather than afterwards. Witnesses are not compulsory either, but worth having given the money the rectification remedy can turn on.

What you will need before you start

  • The Lease, Agreement to Lease or Letter of Intent this handover is taking place under, with its date and registration particulars if it has any
  • Full details of the Landlord and the Tenant, and of whoever is actually attending and signing on behalf of a company, LLP, partnership, HUF or trust
  • The exact address and description of the premises, and what the handover date is meant to fix under the lease — the Commencement Date, a fit-out-only possession, or neither
  • Electricity and water meter readings, with account or consumer numbers where the premises are separately metered
  • A count of every key and every access card, fob or remote being handed over
  • A specific, itemised list of any defects or incomplete work, with an agreed number of days to fix them and what happens if that deadline passes

Common mistakes

  • Treating this Memo as if it were the lease itself, or using it as the only paper for a letting where no lease has actually been signed.
  • Choosing the rent-deduction remedy for unfixed snags without first checking whether the underlying lease actually allows setting costs off against rent.
  • Relying on the bare shell, warm shell or fitted label alone and leaving the specific details in clause 3.2 thin — the specifics are what control if the two ever disagree.

Questions people ask before using this document

Does this Memo replace the Commercial Lease Deed?

No. This Memo assumes a Lease, Agreement to Lease or Letter of Intent already exists and only records the physical facts of taking possession under it — the date, the condition of the premises, the meters, the keys and any snag list. Where no lease has been signed yet, sign that document first; this Memo is not a substitute for it.

Do we have to register this Memo?

No, not in Punjab or in Chandigarh. It records that possession was taken under a lease that already exists rather than creating, limiting or extinguishing a right in the premises, so it falls outside what the Registration Act treats as compulsory. The parties can still register it if they want the extra evidentiary weight, but nothing requires it.

What happens if the landlord doesn't fix the snag list items in time?

That depends on which remedy the parties chose when they filled in the Memo: the tenant may be able to get the item fixed through a contractor and deduct the reasonable cost from a future rent instalment after giving notice, or the rent-free period may extend by one day for every day of delay, or the parties may have written in a remedy of their own. Whichever it is, it only takes effect if it was actually chosen and printed in the document.

How much stamp duty does this Memo need?

A small fixed amount under Article 5 of Schedule I-A, in both Punjab and Chandigarh, because it records a promise about rectification rather than the lease itself — it is not charged on the rent or on the value of the snag items. The exact current rupee figure is not printed here; confirm it with the Collector of Stamps or a licensed stamp vendor before signing.

What do 'bare shell', 'warm shell' and 'fitted' actually mean?

They are market-drafting conventions describing how much fit-out has already been done — from a base structure with no flooring or partitions, through a version with flooring, ceiling and wiring but no partitions or furniture, to a fully fitted space ready to occupy — rather than terms defined by any Punjab or Chandigarh statute. Builders and landlords do not always mean exactly the same thing by them, which is why the Memo also asks for the specific details behind the label.

Related documents, and when you would need them

Questions about this document

Does the Commercial Handover and Possession Memo with Snag List need stamp paper or stamp duty in Punjab and Chandigarh?

This Memo records the fact, date and condition of taking possession under a Lease that already exists — it does not itself grant, create, transfer, limit or extend any interest in the Premises, so none of the ad valorem duty charged on a lease under Article 35, Schedule I-A to the Indian Stamp Act, 1899 as it applies in Punjab or as it applies in Chandigarh is attracted by it. What clause 4.2 does create is a written promise about rectification and what happens if it is missed, and an instrument recording a promise not otherwise specifically charged is chargeable under Article 5 of Schedule I-A to that Act — a small fixed duty in both jurisdictions, not one computed on rent or on the cost of the snag items. Have the current Article 5 figure confirmed with the Collector of Stamps, or at a licensed stamp vendor, before this Memo is signed; see lawyerShouldCheck for why no rupee figure is printed here.

Does the Commercial Handover and Possession Memo with Snag List need registration in Punjab and Chandigarh?

Not compulsory, in Punjab or in Chandigarh. Section 17 of the Registration Act, 1908 reaches a document that creates, declares, assigns, limits or extinguishes a right of Rs 100 or more in immovable property; this Memo does neither — the Lease already created whatever interest the Tenant holds, and this Memo only records that possession under it was actually taken, on what terms, and in what condition. That holds whether or not the Lease itself required registration, and this Memo does not cure a Lease that ought to have been registered under section 107 of the Transfer of Property Act, 1882 and section 17(1)(d) of the Registration Act, 1908 and was not.

What does the Commercial Handover and Possession Memo with Snag List cost on Kaagazaat?

₹399, GST included.

Launch period: downloads are free for now. The prices shown apply once payments open.

Does the Commercial Handover and Possession Memo with Snag List need witnesses?

Not compulsory, but worth having, because the rectification remedy this Memo records can mean money is later deducted from Rent or a rent-free period is later extended. If the Landlord or the Tenant later disputes what was actually seen or agreed at the handover, an independent witness who was actually present is the difference between being able to prove it and not.

Often needed with this document

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