Kagaznama

Possession Letter (Kabza Patra)

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Also called

Kabza Patra
Kabza Nama
Possession Certificate
Letter of Possession
Handover Letter
Possession Receipt
Delivery of Possession Letter
Qabza Patra

When you need it

Use on the day the seller hands over keys, after the sale deed (bainama) is signed — registry pending or not. Settles whether possession passed and when, deciding who pays the disputed month's bills, who bears an accident's loss, when s.24(b) interest deduction starts, and settled possession vs trespass in litigation.

Also corroborative for the capital-gains holding period, which on a resale runs from the conveyance. For a resale handover — flat, house, floor, plot, shop, office; any number of sellers; financed or not. Do NOT use without a sale deed: possession under a bare agreement to sell is deemed a conveyance in most states, full ad valorem duty — execute the deed first. Do NOT use once the registration window has closed: four months from signing, extendable four more on a fine; beyond that, no registration. Do NOT use for a builder-to-allottee handover of a new flat — needs the occupancy certificate, RERA defect-liability period, maintenance corpus and delay compensation.

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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 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

Not a conveyance — duty is on the sale deed; this letter records delivery only, creating no right of its own (clause 13; keep it). Execute on non-judicial stamp paper under the residuary Article 5: Rs 100 common (UP, Haryana, Maharashtra, Rajasthan, MP, Telangana, AP); Delhi ~Rs 50, Karnataka ~Rs 200 — verify current figure. Clause 16 makes two originals: buy stamp paper for EACH (unstamped second original impoundable, s.35). e-stamp via SHCIL or GRAS/e-SBTR (Maharashtra) — buy in a party's name. WARNING: no sale deed plus possession under an agreement to sell is deemed a conveyance (Explanation, Art.23, Stamp Act 1899; e.g. Maharashtra Art.25), full ad valorem duty plus penalty up to several times the shortfall (s.40).

Registration

Not compulsory — recording delivery doesn't create a property interest, so s.17(1)(b) isn't attracted; optional under s.18, rarely done. Not a substitute for registering the sale deed — title passes only on that registration (TP Act s.54 + s.17(1)(b)). If the deed isn't yet registered, set the registration-pending date within the HARD limit: four months from signing (s.23), extendable four more on a Registrar's application with a 10x fine (s.25) — beyond eight months, no registration ever; don't hand over keys past that without advice. An agreement to sell needs its own registration for s.53A protection (s.17(1A), 2001). After possession, apply for mutation; mutation records who pays tax, not title.

Notarisation

Not required by law, but recommended: the notary's register entry is a contemporaneous public record of the date, worth more than the parties' own say-so in a possession dispute, for a few hundred rupees. Notarise where signed, both present, photo ID sighted. Not a substitute for registration, and doesn't cure wrong-value stamping.

Witnesses

No statute requires attestation (s.59 Transfer of Property Act: mortgages; s.123: gifts; s.63 Succession Act: wills — not this), but sign before two witnesses as the strongest evidence of the handover time. Use witnesses actually present, names/addresses recorded. Adults of sound mind, not a party/co-owner/POA holder. Also: initial every page; photograph meters and each room on the day; sign two originals; keep the photos.

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Sample preview — placeholder answers, not your data

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POSSESSION LETTER (KABZA PATRA)

Date: 5 April 2026
Place: Gurugram, Haryana

1. The parties

Seller: Rajinder Kumar Sethi, son of Late Sh. Harbans Lal Sethi, resident of X, PAN AABPS1234K.

Together with the following co-owners, who join in this letter and are referred to along with the person named above as "the Seller":

Smt. Sudesh Sethi, wife of Sh. Rajinder Kumar Sethi, resident of B-14, Sector 21, Gurugram
Sh. Anil Sethi, son of Late Sh. Harbans Lal Sethi, resident of 44, Green Park, New Delhi

The Seller signs this letter through Sh. Anil Sethi, son of Late Sh. Harbans Lal Sethi, under a registered General Power of Attorney dated 12 March 2024, registered as document no. 4471 with the Sub-Registrar, Gurugram. The Seller confirms that this power of attorney is subsisting, has not been revoked, and authorises the attorney to deliver possession of the Property.

Buyer: X, daughter of Sh. Mohan Lal Arora, resident of X, PAN X.

Together with the following joint buyers, who join in this letter and are referred to along with the person named above as "the Buyer":

The Buyer signs this letter through X. The Buyer confirms that this power of attorney is subsisting, has not been revoked, and authorises the attorney to take possession of the Property.

2. The property

2.1 This letter concerns the flat described in Schedule A, called "the Property" in this letter.

3. The sale

3.1 The Seller has sold the Property to the Buyer by a Sale Deed (bainama) dated 1 April 2026 for a total consideration of ₹25,000 (Rupees Twenty Five Thousand only).

The Sale Deed has been registered as document no. Vol. 1247, Book No. 1, Document No. 8891 of 2026 with the Sub-Registrar, Gurugram (Sohna Road).

The Sale Deed has been signed by both parties but has not yet been presented for registration. Both parties agree to appear before the sub-registrar and present the Sale Deed for registration on or before 2 April 2026, and to pay their respective shares of the stamp duty and registration fee as provided in the Sale Deed. Both parties record that the Sale Deed must be presented for registration within four months of the date on which it was signed, as required by Section 23 of the Registration Act 1908; that any extension beyond that period is available only at the discretion of the Registrar under Section 25, for a maximum of four further months and on payment of a fine; and that the date agreed above falls within the period allowed by Section 23. Both parties record and accept that ownership of the Property will pass to the Buyer only when the Sale Deed is registered, that a Sale Deed which is not registered within the period allowed by law conveys no title at all, and that possession is being delivered now in anticipation of that registration and not in substitution for it.

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