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propertyHigh risk if omitted

Delivery of Possession / Handover

Requires the seller (or lessor) to actually hand over possession of the property to the buyer (or tenant) once the transfer is done.

In plain English

Owning a property on paper is not the same as being able to walk in and use it — this clause makes the seller physically hand it over, vacant and free of anyone who shouldn't be there. Under the Transfer of Property Act, once you ask for it, the seller is *bound* to give you possession, and this clause records exactly when and how that happens. Without a clear handover term you can end up holding the sale deed but locked out, having to fight for possession separately.

Relevant law

  • Transfer of Property Act, 1882, Section 55(1)(f) (in the absence of a contract to the contrary, the seller is bound to give the buyer possession of the property when required to do so)
  • Transfer of Property Act, 1882, Section 55(5) (buyer's corresponding duties, including to pay the price and bear outgoings once possession/ownership passes)
Educational, not legal advice. Clause wording should be adapted to your specific facts. For high-stakes documents, have a qualified advocate review the drafting.
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