Legal Question in Real Estate Law in India

I have received a letter for getting possession of my flat. The building comprises of Stilt+16 floors and my flat is located on 2nd floor. The building is almost ready except for some internal work going on.

I have asked the builder to provide me the "Completion certificate" and/or "Occupation certificate" for the building. He has provided me a "Part occupation certificate" for stilt+4 floors. The builder has not received the "Completion certificate" and/or "Occupation certificate" for the complete building.

Now my query is that is it legal as per the law to occupy the flat based on "Part occupation Certificate" given that my flat is located on 2nd floor and what should be my reply to the builder.


Asked on 10/10/13, 10:07 pm

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

14.10.2013

Dear Sir / Madam,

NO, you should not occupy the flat till the builder provides you with the copy of the Building Completion Certificate (BCC) and the Occupation Certificate (OC) for the entire building.

Regards,

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Answered on 10/14/13, 10:25 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

If he does not give you the copy of the CC then warn him that you will complain to the municipal authorities. Rather send him a legal notice to this effect. You may also drop a detailed query at [email protected]

To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

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JSR/151013

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Answered on 10/15/13, 2:05 am


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