Checklist Before Taking Possession of a New Home

Taking possession of a new home is more than just receiving a key. It’s your final checkpoint before stepping into long-term ownership. Whether you’re a first-time homebuyer or upgrading to a larger space, knowing exactly what to inspect and collect is crucial

Small oversights during possession can lead to significant regrets later, such as missed documents, incomplete fittings, or safety concerns.

This blog provides a simplified, actionable home possession checklist covering all legal, physical, and utility-related checks to ensure a seamless move-in process. With expert tips and a downloadable home inspection checklist, you’ll know exactly what to look for and what documents to secure.

From legal paperwork to electrical fittings, every detail matters. Before planning the housewarming, review this guide to ensure moving in is smooth and stress-free.

The Possession Process: What to Expect & How It Works

The possession process starts with the developer initiating an Offer of Possession. This signifies that your unit is ready for handover and sets the foundation for the possession procedure. Here’s how it begins:

• The handover date is communicated.
• Any pending payments or charges (including the TDS payment) need to be cleared before the possession process is initiated.
• A copy of the Occupation Certificate is provided.

It’s crucial to follow the timeline mentioned in the letter to avoid delays or complications in acquiring your property.

Key Possession Documents

Before you take the keys to your new home, ensure your home buying checklist includes the following essential documents.

1. Possession Letter: A formal document from the developer confirming the handover of the property. Sign the possession letter.
2. Car Park Allotment Letter: Specifies your assigned parking space, including location and type (covered/open).
3. Key Handover Letter: A letter confirming the handover of keys to your property. Ensure all keys, including duplicates, are provided.
4. List & Guarantee/Warranty Documents of White Goods (If Any): Warranty cards and receipts for appliances provided by the developer (e.g., air conditioners, water heaters, exhaust fans).

Documents to Submit During Possession

1. Indemnity Letter: Required for undertaking renovations, alterations, or work that may impact the building’s structure or systems. It commits you to take responsibility for any damages or liabilities arising from such work.
2. Fit-Out / Building Protection Deposit Cheque: A refundable security deposit required to cover potential damage during property fit-out or modifications. It is refunded after completion of the fit-out work and confirmation of no violation during the work by the site team.

Pro Tip: Organize all files in a dedicated digital folder for easy access when setting up utilities, resale, or applying for a home loan.

Quality Checks: Interiors, Utilities, Safety Systems

Once the paperwork is in place, your next step is to conduct a detailed walkthrough to verify quality, promised features, and readiness.

What to Check Before Taking Possession of a Flat?

• Doors, Locks, and Windows: Check alignment, hinge function, locking systems, and sealing.
• Plumbing: Test water flow, pressure, drainage, and look for leaks or faulty fixtures.
• Electrical Points: Ensure all sockets, switches, and lighting points are operational and safe.
• Fire Safety Measures: Verify the presence of fire sprinklers in the flat.
• Wall & Floor Finishes: Inspect tiles, skirting, paint coats, and check for cracks or uneven work.
• Car Parking: Verify car parking allocation (if applicable).
• Security: Verify intercom system (if applicable).
• Verify the Area: Ensure the carpet area matches the agreement.

Taking Possession: Final Steps

1. Document Review

   Read through the provided documentation from the site facility management team. This may include:

   • An introduction to society’s rules and regulations.
   • Details about maintenance procedures.
   • Information on handling future concerns or repairs.
   • Amenity usage guidelines.

2. Intimation to Housing Society/Builder

   Notify the housing society/facility management office of your move-in date. Ensure compliance with any society rules for moving in. This structured approach ensures that you walk into your new home fully informed and in control.

Ownership vs Possession: Know the Difference

Ownership and possession of the property often go hand in hand, but they are not the same. Understanding the distinction helps you protect your rights and avoid confusion during or after property handover.

• Ownership = Title Holder

  Ownership is proven through documents like the registered sale deed, payment receipts, and title certificates. It gives you the legal authority to sell, lease, or transfer the property.

• Possession = Occupancy Rights

  Possession generally refers to having physical control of a property or asset, whereas occupancy rights pertain to the legal permission to reside in or use the property.

• When One Exists Without the Other

  It’s possible to own a flat but not have possession (e.g., when the flat is under construction), or one can possess a flat without owning it (e.g., in the case of rental or disputed property). Both scenarios need legal clarity.

Why You Must Have Both for Peace of Mind

To fully secure your property, ensure that you hold both legal ownership and physical possession. This guarantees your right to reside, modify, and protect your home without future legal obstacles.

Final Thought: Possession Is More Than Just a Key Handover

Possession isn’t just a ceremonial handover; it’s the final milestone where every detail must align with your expectations and rights as a homeowner. From legal paperwork to physical checks, a thorough approach ensures that your new beginning is secure, stress-free, and built on clarity.

While the excitement of moving in is natural, don’t let it overshadow the importance of due diligence. Use a detailed home possession checklist to verify documents, inspect interiors, confirm safety systems, and ensure utility setups are complete. It’s the smartest way to avoid surprises after shifting in.

At Mahindra Lifespaces, the focus goes beyond building homes; it’s about handing over trust. Each project is designed for smooth transitions, guided walkthroughs, and well-documented handovers, ensuring you feel confident every step of the way.

Ready to move into your home? Ensure every corner of your new home by Mahindra Lifespaces is perfect before you take the keys by contacting us today.

FAQs

When can I expect the possession of my flat?

All developers mention the Expected Date of Possession in the Agreement for Sale, which aligns with their commitment in the project’s RERA submission (if applicable). Reputed developers typically provide frequent updates on project progress to all buyers via official communications, such as emails, newsletters, mobile apps, or updates on their official website.

When to take possession of a flat?

You should take possession from the builder only after receiving the Occupancy Certificate (OC) of the building/ project which ensures the construction is fully completed and all amenities as promised in the agreement are in place. Verify that all necessary legal approvals and documentation (Occupancy Certificate, Completion Certificate, etc.) are complete and in order.

Conduct a thorough inspection of the flat to check for any defects or issues that need fixing. Confirm that all financial transactions are clear and settled. Follow the builder’s official hand-over procedure, which typically includes signing necessary forms and receiving keys.

A final home inspection checklist should also be completed to ensure the property is fit for use. You can take possession of your flat once you have completed the following steps:

• Payment of All Dues: Ensure that you have paid all outstanding amounts towards the flat cost. This includes settling any balance payments specified by the builder.
• Submission of Form 16B: Submit all required Form 16B documents related to TDS (Tax Deducted at Source) for the property purchase.
• BPD Cheque Submission: Submit the BPD (Balance Payment Due) cheque to cover any remaining financial obligations for any constructional damages.
• Signing of Documents: Complete and sign all necessary documents, including:
  • Possession Letter: Official letter stating the handover of the flat.
  • Car Park Allotment Letter: Document specifying the allotment of your parking space(s).
  • Inspection Checklist: Checklist confirming the inspection and acceptance of the flat in its given state.
  • Payment of 100% Agreement Value: Ensure that you have paid 100% of the agreement value to the builder/seller associated with the property.

What utilities should be ready at the time of possession?

Essential utilities such as electricity, water supply, and elevators should be functional and ready for use at the time of possession. It’s always good to cross-check amenities as per AFS.

What payments do I need to clear before possession?

Ensure all pending dues are settled, including:

• Final instalment payments, if any.
• TDS payment followed by Form 16B.
• Maintenance Charges.
• Building Protection deposit (if applicable).
• Corpus Fund (if applicable).
• Any other payment as per AFS.

What is the process of taking possession of a flat/property legally?

The legal property possession process includes –

• Verifying all ownership documents.
• Completing all necessary payments, including the final payment for the property, stamp duty, registration fees, and any pending dues to the seller or developer.
• Completing a site inspection.
• Obtaining a possession letter from the seller or developer, which indicates the transfer of property ownership and is essential for future legal and administrative purposes.
• Transfer or setting up utility accounts (electricity, water, gas, etc.) in your name and physically taking possession of the property, which may involve receiving keys and access codes, and verifying that everything is in working order.

Once done, the property is officially in your possession.

What is the 12-year rule in land ownership?

The 12-year rule refers to the legal concept of adverse possession under the Limitation Act, 1963. When a person who is not a legal owner occupies the property continuously openly without the permission of the owner for a period of 12 years, and the rightful owner does not take legal action during this period, the occupier can claim ownership.

However, the claim must be proven in court and is subject to strict conditions, including proof that the possession was hostile to the owner's interest and not based on any agreement or rent.

• To establish a claim of adverse possession, the possessor must provide clear evidence of the continuous and uninterrupted possession for 12 years. If successful, the rightful owner loses their legal right to claim the property, and the property title is transferred to the adverse possessor.
• Exceptions: There are certain exceptions where adverse possession may not be claimed. For example:
  • Properties owned by the government.
  • Properties under certain trusts or religious settings.
  • Properties held by minors or individuals with mental disabilities, until they become capable of asserting their rights.

Adverse possession is a legal remedy that affects property rights significantly, and it is recommended to seek legal counsel for matters concerning this concept.

What are the documents to take during possession?

• Original title deeds
• Possession Letter
• Car Park Allotment Letter
• Key Handover Letter

What is Section 53A of the Transfer of Property Act, 1882?

Section 53A of the Transfer of Property Act, 1882, establishes the principle of “part performance,” which serves to protect transferees (buyers) who have taken possession of the property based on an agreement to transfer, even if the formal transfer (sale deed) has not yet been executed.

This section stipulates that for the protection to apply, the agreement must be in writing, signed by the transferor (seller), and the transferee must have taken possession of the property or must have been put in possession.

Additionally, the transferee must have acted in reliance on the agreement, such as making payments or improvements on the property.

Under Section 53A, while the formal title remains with the transferor, the transferee is entitled to defend their possession against the transferor, thus preventing the transferor from asserting ownership rights contrary to what has been agreed upon.

However, the transferee’s rights are conditional and require the completion of the formal transfer process to fully establish legal ownership. This provision is crucial in safeguarding the interests of buyers who have fulfilled their part of an agreement, despite the absence of a fully executed sale deed.