Kaagazaat

Possession Acceptance under Protest

At a glance

Price
Free, always.
Stamp duty
No stamp duty: it is a letter, not an instrument within section 2(14) of the Indian Stamp Act, 1899.
Registration
Not registrable: section 17 of the Registration Act, 1908 does not reach it.
Witnesses
Not required.

Free

Free, always.

Free: up to 5 documents a day.

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

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Also called

  • taking possession under protest
  • possession under protest letter
  • accept possession with rights reserved
  • protest letter to builder at possession
  • kabza under protest
  • क़ब्ज़ा आपत्ति सहित
  • ਕਬਜ਼ਾ ਇਤਰਾਜ਼ ਸਮੇਤ

When you need it

The builder has called you to take possession, but the flat is late, smaller than promised, short of promised amenities or has defects, and you do not want taking the keys to be read as accepting all of that. This letter records that you took possession under protest, lists your objections, notes any sum you paid only because the builder demanded it, and keeps your rights alive, including to approach the real estate regulator.

Read more

It does not replace a snag list; attach one if you have it. Check any handover form, receipt or no-dues paper the builder asks you to sign, because its own wording may say you waive claims. Not for refusing possession altogether. Not for the builder's handover record — use the Possession and Handover Memo. Not for claiming money for delay — use the Legal Notice for Possession Delay — Residential.

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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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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

No stamp duty: it is a letter, not an instrument within section 2(14) of the Indian Stamp Act, 1899.

Registration

Not registrable: section 17 of the Registration Act, 1908 does not reach it.

Notarisation

Notarisation is not required.

Witnesses

Not required. The sender signs; keep proof of delivery.

Request Stamp Paper

Sample preview — placeholder answers, not your data

POSSESSION TAKEN UNDER PROTEST

Date: 1 April 2026

To,
ABC Developers Private Limited
SCO 10, Sector 17, Chandigarh

Subject: Possession of Flat No. 304, Tower B in Green Park Heights taken under protest and with all rights reserved

Dear Sir/Madam,

  1. 1. I, Aarav Sharma, am the allottee of Flat No. 304, Tower B in your project Green Park Heights under the agreement dated 2 April 2026.
  1. 2. By your letter dated 3 April 2026 you offered possession of the unit. I took possession on 4 April 2026.
  1. 3. I have taken possession under protest. Taking possession is not an acceptance that the unit or the project is as the agreement promised. My objections are:
  1. 1. Possession is 14 months later than the date in the agreement.
  2. 2. The carpet area measured at handover is less than the area in the agreement.
  3. 3. The clubhouse and the second lift are not ready.

The following sums were demanded at handover and paid by me only under protest. I do not accept them as due: Maintenance deposit and club membership charge, as shown in the demand letter.

  1. 4. A list of the defects and incomplete work I noticed at handover is enclosed with this letter.
  1. 5. Nothing I have signed or done at handover, including any handover form, receipt or no-dues paper, is a waiver of my rights or claims under the agreement and the real estate law. These include interest for delay, compensation, correction of the area, repair of defects and refund of any excess charge, and the right to approach the Real Estate Regulatory Authority. All of them stay reserved.
  1. 6. Please reply in writing within 15 days, saying what you will do about each objection above.

Yours faithfully,

Signature: ______________________________
Aarav Sharma
House No. 211, Sector 21, Panchkula

Received on behalf of the builder
Name and signature: ______________________________
Date: ______________

Questions about this document

Does the Possession Acceptance under Protest need stamp paper or stamp duty in Punjab and Chandigarh?

No stamp duty: it is a letter, not an instrument within section 2(14) of the Indian Stamp Act, 1899.

See the full position on stamp duty, registration and witnesses
Does the Possession Acceptance under Protest need registration in Punjab and Chandigarh?

Not registrable: section 17 of the Registration Act, 1908 does not reach it.

See the full position on stamp duty, registration and witnesses
What does the Possession Acceptance under Protest cost on Kaagazaat?

Free, always.

Does the Possession Acceptance under Protest need witnesses?

Often needed with this document

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