There must be clause in your sale deed that inspection would be offered of original possession certificate as and when sought by you
2) you can request owner to furnish you certified copy of possession certificate
Possession Certificate - Bangalore
Hi, I bought a building in Mico layout, Bangalore. A single 2400 sq ft land was bifurcated into two. I bought one part of the land along with a building. I have proper sale deed, Katha and other documents in my name for the property. But DO NOT have "possession certificate" of the land provided by MICO to the original land owners. The owner of other part of the land has the original possession certificate. Now, is it possible for me to get a duplicate copy of possession certificate? Is it important to sell my building Please help Thanks,
Asked 6 years ago in Property Law
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13 Answers
The possession certificate can be obtained from the company from which the other person has obtained the certificate.
Even if you dont have the certificate then too you have all the essential documents.
Regards
My sale deed doesn't have a clause stating this " inspection would be offered of original possession certificate as and when sought by you " so the other side land owner might not be willing to offer/show the original one. I have a color xerox of it. Will bangalore corporation / MICO able to provide a certified copy of Possession letter? Or will sub-registrar office provide it. I am worried this might affect my sale of the building.
Asked 6 years ago
1) Yes, can original possession certificate not duplicate from the previous owner check all mutation papers.
If possession certificate is on record sub registrar office you would be able to obtain certified copy
2) since possession certificate was issued by MICO they can provide certified copy of possession certificate
Sub registrar will provide you the certified copy of the same
Mico will provide you possession certificate.
Possession certificate or lack of it does not make ay difference on title.
As your title is otherwise clean then even if you do not have PC your will continue to have clean title over the property.
However since you are now its lawful owner you can apply for tis duplicate copy from the authority which is duty bound to provide you for the same.
1. IF the "single plot", was subsequently divided into TWO plots, THEN the corporation would provide a separate "possession letter". ELSE No.
2. You can obtain a certified copy of the "possession letter", via a RTI application to the corporation, by quoting the survey /land details. The sub-registrar has no jurisdiction to provide you any possession letter.
The Possession certificate is not required to sell the property but it is required to get the finance and property if it is a plant normally banks do not want possession certificate they rely on the registration documents only you can ask me Co for issue of duplicate possession certificate just for your satisfaction and future use
Hi,
You are suggested to approach the concerned authority at Bangalore to get the duplicate/certified copy of the required documents and it would be made available to you as per the law.
Dear Sir,
You may get issue a Legal Notice to other owner for physical inspection of the original possession certificate and he has to honor such legal notice and will allow you to inspect the same at the time of sale, if not you may take legal action like mandatory injunction for inspecting the same.
You can get the photo copy of the possession letter from the owner of the other part since it was issued for the combined property and no for partial property.
The photo copy of the possession certificate duly notarised by a notary public shall serve as a proper document for all the purposes since the original is held by the owner of the other part of the property.
The possession certificate may not be issued by the registrar's office or the corporation office, you can get a copy of the office copy of the possession certificate from Mico provided if they are convinced about it or else you may get the colour xerox notarized and keep it in your records.