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Is possession valid without occupation certificate


11-Jan-2023 (In Property Law)
I purchased flat at navi mumbai, my flat is ready, but its 5 building project hence only two are ready other will took more 2 yrs for completion. Now my builder asked me to take possession as flat is ready. OC not yet received. do I have to take possession is it mandatory. 1. what if i took possession without OC? 2. If i take possession afterwards builder not able to give me OC, what I will do in that case? 3. I already paid full amount of my flat few flat owners already taken possession then what is difference for taking possession and not taking possession. 4. before taking possession is it neccessary to pay electricity bill of my flat, builder ask me so? kindly advice.
Answers (3)

Answer #1
951 votes
Hello sir,
As per ur query following is answer .
1) U can take possession without OC but u hv to take a possession letter on letterhead of builder ...
2) After completion of building the builder has mandatory duty to give u OC ..
3)There is a only slight difference in possession that is physical possession and only on paper possession
4)after taking possession u hv to pay electricity charges.
After completion of building ,the builder will have to give u OC n CC ,if he avoids to give then u hv right to go in consumer court..

Answer #2
708 votes
Builder can not allot flat without obtaining OC .Law clearly state that no person shall occupy or allow any other person to occupy building or part thereof without obtaining OC .In certain cases part OC also been granted . Witjout OC it is difficult to take water,Sanitary connection ...Even financial institutions insist for OC..It is builders liability to obtain OC ..
Answer #3
656 votes
1. Obtaining Occupancy Certificate and Completion certificate can be mandatory under respective State laws. As per these state laws, one cannot legally move into a building unless the developer gets an occupancy certificate from the respective local administrative or civic bodies. The corporation or municipality can ask the apartment owners to leave such illegally occupied flats or impose heavy penalties in the name of ‘regularization’.
2. You can complaint to civic body & even take legal action.
3. You will get answer of this in 1st point
4. Before proper legal possession it is duty of builder to pay electricity bills & other dues, levy taxes

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Comments by Users

M A Kanur
Since 23 years 45 members staying with out oc and builder is not known where is he live or dead please suggest

Reply by LawRato
No, possession of a property without an occupation certificate is not valid, even if the whereabouts of the builder are not known.
An occupation certificate is a legal document issued by the local municipal authority or the concerned government agency certifying that the building is completed as per the approved plans and is fit for occupation. Without an occupation certificate, the building is considered to be illegal and its possession is not considered to be valid under the law. In the absence of an occupation certificate, the buyer of the property cannot claim possession and occupation of the property. Any possession taken by the buyer without an occupation certificate may be deemed illegal and may not be protected under the law.
If the whereabouts of the builder is not known, the buyer may take legal recourse to seek redressal of their grievances. This may include filing a complaint with the concerned authorities or approaching a court of law to seek appropriate relief such as filing a criminal complaint against the builder for cheating or fraud, or a civil suit for specific performance of the contract, seeking the builder to fulfill their obligation to provide the occupation certificate.

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