POSSESSION LETTER (KABZA PATRA)

1. The parties

Seller: __________, __________, resident of __________.

Buyer: __________, __________, resident of __________.

2. The property

3. The sale

4. Delivery of possession

4.2 The Seller confirms that when possession was delivered, the Property was free from occupation by any tenant, licensee, sub-tenant, caretaker, watchman, contractor, relative, servant or any other person, and that no person other than the Buyer is now in possession of the Property or of any part of it, or has any right to occupy it.

4.4 The Seller will not re-enter the Property or disturb or interfere with the Buyer's possession of it, and will not allow anyone claiming through the Seller to do so.

5. Keys and access

5.1 The Seller has handed over to the Buyer all keys, access cards, remotes and access codes for the Property, as listed with their numbers in Schedule B. The Buyer has counted them and confirms receipt.

5.2 The Seller confirms that neither the Seller nor anyone acting for the Seller has kept any duplicate key, card, remote or access code for the Property, and that no key of the Property is lying with any broker, contractor, relative, domestic help or other third party.

6. Meters and utility connections

6.1 The utility connections for the Property and their meter readings at the time of handover are recorded in Schedule C. Both parties read the meters together at the time of handover and agree that the readings recorded in Schedule C are correct.

6.2 The Seller has paid all electricity, water, piped gas and other utility charges for consumption up to those readings. The Buyer is responsible for consumption after those readings.

6.3 The Seller will sign every application, form, affidavit, indemnity and no-objection needed to transfer the utility connections into the Buyer's name, and will do so within 15 days of a written request from the Buyer. Any security deposit lying with a utility provider will be transferred to the Buyer with the connection.

6.4 If a utility provider later raises a demand for any period up to the readings recorded in Schedule C, the Seller will pay it within 15 days of being told about it, whether the bill is issued in the Seller's name or in the Buyer's name.

7. Fixtures and fittings

7.1 The fixtures, fittings and articles handed over with the Property are listed in Part 1 of Schedule D. They form part of the sale and no separate payment is due for them. The Buyer has seen and accepted them in the condition they are in.

8. Condition of the property

8.1 The Property has been handed over in the following condition, which both parties verified together at the time of handover:

8.2 The Buyer takes the Property in the condition recorded above, on an "as is, where is" basis, and will have no claim against the Seller on account of its condition. This does not affect the Buyer's rights in respect of (a) any material defect in the Property or in the title which the Seller knew of and did not disclose, or (b) any warranty, representation or covenant in the Sale Deed.

8.3 If the Seller, or anyone acting for the Seller, caused damage to the Property while removing goods or vacating it, the Seller will make it good at the Seller's own cost, or reimburse the Buyer for the cost of doing so.

9. Outgoings, dues and risk

9.3 From the moment possession was delivered, the Property is at the Buyer's risk. The Buyer is responsible for insuring it and for anything that happens on or to it after that moment. This applies even if the Sale Deed has not yet been registered.

10. Documents and originals

11. Mutation and transfer of records

11.1 The Buyer will apply for mutation (dakhil kharij / namantaran) of the Property into the Buyer's name in the records of the municipal body or revenue authority.

11.2 The Seller will sign every application, affidavit, indemnity, declaration and no-objection needed for that mutation, for the transfer of the utility connections and for the transfer of the society or association records, and will appear before any authority if required to do so. The Seller will act within 15 days of a written request from the Buyer, and the Buyer will bear the out-of-pocket cost of the Seller doing so.

12. Nothing further owed in respect of possession

12.1 Both parties confirm that possession of the Property has been fully and finally delivered and taken, and that neither owes the other anything further in respect of possession, keys, meter readings, fixtures and fittings, or the condition of the Property — except for what this letter itself requires them to do.

12.2 Clause 12.1 does not release either party from:

(b) the Seller's liability for any defect in title, or for any material defect in the Property which the Seller knew of and did not disclose;

(d) the Seller's obligations in clauses 6.3, 10 and 11 to sign papers and hand over documents; or

(e) any part of the sale consideration recorded in clause 3 as still unpaid, and the Buyer's obligation to pay it.

13. What this letter does and does not do

14. Notices

14.1 Any notice under this letter must be in writing and sent to the Seller at __________ and to the Buyer at __________ — by hand against a written acknowledgement, by registered post or speed post with acknowledgement due, or by email to an address the parties have already used with each other for this transaction.

14.2 A notice sent by registered post or speed post to the address given above is treated as delivered on the seventh day after posting, even if it comes back unclaimed, refused or with the addressee not found.

15. Governing law and jurisdiction

15.1 This letter is governed by the laws of India. Any dispute arising out of it will be decided by the courts within whose local limits the Property is situated.

16. Copies

16.1 This letter has been signed in two originals of identical content. The Seller keeps one and the Buyer keeps one. Both are equally valid, and both parties have initialled every page and every schedule.

SELLER

Signature: ______________________________

Name: __________

BUYER

I / We confirm that I / we have today taken vacant, peaceful and physical possession of the Property, along with the keys listed in Schedule B and the fixtures listed in Part 1 of Schedule D, as recorded in this letter.

Signature: ______________________________

Name: __________

WITNESSES

Witness 1

Signature: ______________________________

Signature: ______________________________

SCHEDULE A — THE PROPERTY

SCHEDULE B — KEYS AND ACCESS DEVICES HANDED OVER

SCHEDULE D — FIXTURES AND FITTINGS

Part 1 — handed over with the Property: