Kaagazaat

Builder-to-Society Handover Letter and Checklist

At a glance

Price
₹99 · GST included

₹99

GST included

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

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

See all prices

Also called

  • Builder handover letter
  • Promoter handover letter
  • Society handover checklist
  • Society takeover checklist
  • Handover-cum-acknowledgement letter
  • Common areas handover letter
  • RERA Section 17(2) handover letter
  • Document handover letter to housing society

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

When a promoter hands over a finished project to the residents' body — documents, common areas, utilities, warranties/AMCs, corpus, accounts — via the promoter's letter plus the committee's ticked-schedule acknowledgement of what was actually delivered. Use after the OC and society/association registration. RERA-registered projects only — an unregistered one follows the agreements for sale and state ownership-flats law instead, with a shorter defect-liability period (Maharashtra: 3 years, s.7 MOFA 1963, vs RERA's 5-year s.14(3)). Primarily Maharashtra co-operative societies (MCS Act 1960); AOA/RWA options for Karnataka, Delhi, Gujarat, Tamil Nadu, West Bengal only. Not a conveyance/deed of apartment; not for a no-OC project or direct promoter-to-buyer handover.

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

No ad valorem duty — a letter/acknowledgement, not a transfer. Maharashtra: at worst residuary Art.5(h) (~Rs 100, verify). Receipts over Rs 5,000 need a Re 1 stamp (Art.53, Sch.I, Stamp Act 1899). Don't let it also transfer land/structure (a separate ad valorem conveyance), or let common-area possession handover read as a conveyance under Art.25's Explanation, Maharashtra Stamp Act 1958 — confine to possession (cl.2.4). e-stamping: all six states.

Registration

Not compulsorily registrable — no property interest created (s.17(1)(b) inapplicable); s.18 optional registration rarely worth it. The later conveyance/deed of apartment/declaration IS compulsory within 4 months (s.23), condonable 4 more on penalty (s.25) — unregistered, no title passes; s.17(1)'s proviso requires it within 3 months of the OC absent contrary local law. Maharashtra: promoter won't convey — Society may seek a deemed conveyance, s.11(3) MOFA 1963.

Notarisation

Not required in any of the six states — valid on signatures alone. Notarise only for evidentiary weight; better, get the Promoter's separate notarised affidavit-cum-undertaking on Schedule B's items and completion date.

Witnesses

Not statutorily required; two witnesses are cheap insurance. Society side: two office bearers (Chairman, Hon. Secretary) sign per bye-laws, seal affixed. Keep the certified resolution extract and attendance record with the letter — that survives a Registrar/Co-operative Court challenge.

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

BUILDER-TO-SOCIETY HANDOVER LETTER AND CHECKLIST

Date: 7 April 2026

From: Sunrise Developers Private Limited, a company incorporated under the Companies Act, 2013, having its office at X (the "Promoter")

To: The Managing or Governing Committee, Sunrise Meadows Co-operative Housing Society Limited, a co-operative housing society registered under the Maharashtra Co-operative Societies Act, 1960, bearing registration number X dated 2 April 2026, having its registered address at X (the "Society")

Subject: Handover of documents, plans, common areas, accounts, deposits and warranties in respect of Sunrise Meadows Phase I — section 17(2) of the Real Estate (Regulation and Development) Act, 2016


1. THE PROJECT

1.1 This letter concerns the real estate project known as Sunrise Meadows Phase I, situated at X in Maharashtra, developed on the land described as: All that piece of land bearing CTS No. 412/3, Village Wadgaon Sheri, Taluka Haveli, admeasuring 6,240 square metres (the "Project").

1.2 The Project comprises 25,000 apartments together with the common areas and facilities serving them.

1.3 The occupancy certificate for the Project is: Full Occupancy Certificate No. PMC/BP/OC/1123 dated 14 March 2025.

1.4 The Project is registered with the Real Estate Regulatory Authority for Maharashtra under registration number P52100012345.

2. BASIS OF THIS HANDOVER

2.1 Under section 11(4)(e) of the Real Estate (Regulation and Development) Act, 2016 (the "Act") the Promoter is obliged to enable the formation of the association or society of allottees. The Society has been formed and registered as recorded above.

2.2 Under section 17(1) of the Act the Promoter is obliged to execute a registered conveyance of the apartment in favour of each allottee, together with the undivided proportionate title in the common areas in favour of the Society, and to hand over physical possession of the common areas to the Society.

2.3 Under section 17(2) of the Act, after obtaining the occupancy certificate and handing over physical possession to the allottees, the Promoter is responsible for handing over the necessary documents and plans, including in respect of common areas, to the Society as per the local laws.

2.4 This letter and the checklist at Schedule A are issued in performance of those obligations. This letter does not operate as a conveyance and does not by itself transfer any right, title or interest in the land or in the structure of the Project.

3. PART A — HANDOVER BY THE PROMOTER

3.1 The Promoter hereby hands over to the Society, with effect from 1 April 2026, physical possession of the common areas and facilities of the Project, together with the documents, plans, certificates, approvals, warranties, contracts, keys, deposits and records itemised in Schedule A.

3.2 Each item in Schedule A is to be marked, in ink and in the presence of both parties at the handover meeting, as "Received", "Not received" or "Not applicable". The Promoter confirms that the items marked "Received" have in fact been physically delivered to the Society in the form stated against them.

3.3 The Promoter confirms that the copies delivered are true and complete copies of the originals, that the originals of the title documents and statutory approvals will be delivered to the Society on execution and registration of the conveyance, and that no document itemised in Schedule A has been withheld or altered.

3.4 The person signing this letter for the Promoter is authorised to do so by a resolution of the Board of Directors passed on 28 March 2025, a copy of which is furnished to the Society with this letter.

4. CORPUS, ACCOUNTS AND DEPOSITS

4.1 The Promoter delivers with this letter a statement of account showing all maintenance and other sums collected from allottees, the application of those sums, and the balance held.

4.2 The Promoter hands over the corpus / sinking fund of ₹25,000 (Rupees Twenty Five Thousand only), transferred to the Society's bank account by RTGS UTR HDFC0001234567 dated 2 April 2025, together with the supporting bank statement.

4.3 The Promoter hands over the unspent maintenance balance of ₹25,000 (Rupees Twenty Five Thousand only), together with the supporting statement of receipts and payments.

4.4 The Society is entitled to have the accounts of sums collected from allottees examined by an auditor of its choice, at the Society's cost, and the Promoter shall make the underlying vouchers and bank statements available for that purpose. Acceptance of any sums recorded in this letter is without prejudice to any shortfall the examination discloses.

5. UNSOLD APARTMENTS

5.1 The number of apartments in the Project remaining unsold and retained by the Promoter as at the date of this letter is 25,000.

5.2 With effect from 1 April 2026 the Promoter shall pay to the Society all outgoings, maintenance charges and other contributions in respect of every apartment it retains — whether recorded in clause 5.1 or later found to be retained — at the same rates and on the same terms as apply to members of the Society.

5.3 Where the Promoter holds any such apartment as a member of the Society, arrears on it are recoverable by the Society in the same manner as arrears from any other member; in Maharashtra that route is a recovery certificate under section 101 of the Maharashtra Co-operative Societies Act, 1960.

6. INSURANCE

6.1 Under section 16 of the Act the Promoter is required, on formation of the association of allottees, to hand over to it all documents relating to the insurances obtained under that section. The insurance policies and the endorsements or letters assigning their benefit to the Society are itemised at Part H of Schedule A.

7. DEFECT LIABILITY

7.1 Under section 14(3) of the Act, where any structural defect or any other defect in workmanship, quality or provision of services, or any other obligation of the Promoter under the agreement for sale, is brought to the Promoter's notice by an allottee within five years from the date of handing over possession to that allottee, the Promoter must rectify it without further charge within thirty days; on failure, the allottee is entitled to compensation under the Act.

7.2 That five-year period runs separately for each allottee, from that allottee's own date of possession. It is not shortened, and does not begin afresh, by this handover or by anything signed in this letter.

Questions about this document

What does the Builder-to-Society Handover Letter and Checklist cost on Kaagazaat?

₹99, GST included.

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

Often needed with this document

Back to Housing societies, RWAs and apartment associations