What is the meaning of possession (legally) of apartment

gk (Querist) 14 January 2025 This query is : Resolved
Dear Experts,

Pranam🙏

The term possession is bit confusing among the owners of our Apartments.

A1. Actually what is exactly the definition or meaning of "Possession" in the case of Apartments?
A2. Whether in Apartments property related issues (legal or not) the interpretation of the word 'possession' is different than the word/terminology used as "legal possession" OR "possession in legal terms" ?
A3. I guess possession is exactly associated with a date. Whether this date is the Registration date of that particular flat? OR the ownership transferred date (from the builder/developer to owner)?
A4. In case of a legal dispute, which date will be considered as the date of possession?
NB: Please note, that our builder is not fixed a date for the possession, he just handed over the keys on different dates to each owner - I mean there was not a possession hand over date in our case.

A5. RERA norms or any other State LSGD property Rules specifying a five year terms of guarantee by the builders to the owners as I understand? From which date, the five year terms of guarantee will commence? From this date of possession or registration?

We have some issues with our builder related to the RERA/PMC property norms, in that case how can we consider a particular "date of possession/hand over of flat" which has not been carried out officially?

Anticipating your valuable opinions /advice please.
(The Apartment/property is in Kerala)

Yours faithfully
kvg

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Quick Summary

This discussion clarifies the legal definition of 'possession' for apartments, distinguishing it from 'legal possession' and highlighting its association with a specific date, often the registration or ownership transfer date. It addresses situations where builders haven't formally scheduled a possession date, explaining that it typically refers to the physical handover of keys. The conversation also delves into RERA norms, particularly the five-year builder guarantee period, and how its commencement date is determined, especially when formal handover documentation is lacking.

T. Kalaiselvan, Advocate (Expert) 15 January 2025
In apartment terms, possession is the legal right to occupy and use an apartment. It can also refer to the physical transfer of ownership of an apartment from one person to another.
A possession letter declares that the possession of a property is legally transferred from the seller/owner of the property to the buyer.
A flat possession letter is a letter that denotes ownership rights and is issued by the builder to the buyer.
A builder can only hand over possession of a home to a buyer after obtaining the required completion or occupancy certificate. The date when the builder hands over the keys to the home is known as the date of possession.
Real Estate (Regulation and Development) Act, 2016
This act requires builders to obtain the necessary certificates before handing over possession of a home.

Dr. J C Vashista (Expert) 16 January 2025
Possesssion of apartment implies taking control / physical taking over.

P. Venu (Expert) 21 January 2025
What is the context of this query?

gk (Querist) 21 January 2025
Dear Venu Sir,
I will revert soon
Regards
🙏

gk (Querist) 24 January 2025
Respected Kalaiselvan Sir, Vashista Sir and Venu Sir
Pranams🙏🙏🙏

As I understand, the RERA Norms specifying 5 year warranty or Guarantee by the builder/developer to the Apartment owners from any repair works encountered in the building. So from which date this 5 year warranty/Guarantee of the builder starts? Is it the Possession taken date (but we do not have any records on this day and as I mentioned above, therecwas no such possession date our builder scheduled for us) or the ownership certificate issued by Municipality or the Completion Certificate issues by Municipality?

We got the possession in 2022 and it's sn apartment Complex consisting of 40 dwelling units. We have major issues with STP, two lifts, Bore well, Interior Painting (of entire building of individual apartmrnts and common area), interlock laid - which may cause a major financial burden to Association/Owners of the Apartments. Builders not provided any rain harvesting provision, proper food wastage management provision (only kept a green color biogas eqpt/tank to show it to the authoroty) which is not feasible to properly make usable. They verbally informed about two borewells with one connected with motor and the other not connected as they informed. But recently we came to know that the second one is abandoned by the contractor during the drilling stage itself due to non availability of water! Now the water Qty in the first Borewell found reducing (we noticed a pressure drop in the flow while pumping comparing to the pressure we had few months/one year back).

Now we feel everything leads to an additional cost burden within the short period of two+ years after taking possession of a Premium Apartment Project.

Whether we will be protected by RERA/Municipal or similar Govt Acts or NORMS/TERMS to approach the builder to resolve these major issues by themselves without further expenditures from individual owners / Asdociation? Please advise us.
Thanks,
Regards,
🙏

gk (Querist) 25 February 2025
Respected Sirs,
I have modified the clarification made on 24th January 2025, as above - by adding more details on the scenario at present and eagerly anticipating your advise.
Thanking you,
Yours faithfully
gk
🙏

T. Kalaiselvan, Advocate (Expert) 30 April 2025
The builder is bound to comply with the agreement and the conditions therein set in the sale agreement and the sle deed.
If he has breached the conditions and has abandoned the maintenance then you can very well drag him to consumer forum for remedy and relief.

gk (Querist) 30 April 2025
Thank you very much Kalaiselvan Sir🙏
Noted the point, surely we will move forward as you have clarified, IF THERE IS NO OTHER OPTIONS from our side.

But whether the "Sale Agreement/Deed Terms & Conditions" could/should be superceded the "RERA Norms / Municipal Norms or any associated Acts/Laws"? - by which the Builders will have an upper hand in this matter to violate the terms/conditions specified by RERA/Govt. Authorities or Any concerned Acts/Laws associated with by referring the conditions written in the Purchase Agreement/Sale Deed prepared by the Builder ? ...... (In an earlier occasion when we given a verbal indication at their office that we are planning to go to the consumer forum/court for solutions, the response was shocking - "if you wish, do proceed, we will face it legally there")

We are worrying on this part/stage really, whether we will be failed without sufficient or valid documental or effective supports on this to fight.
🙏
Regards
kvg

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