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Maintenance to be paid from date of possession or date of completion?
14-Dec-2023 (In Civil Law)
I have done agreement for residential property in 2010 in Maharashtra. Construction was completed and got completion certificate in 2015. However possession of property got late in 2016 due to some seepage issue. Now society is demanding maintenance from the date it got completion certificate. Need to know if society can demand maintenance amount for the period when property was not in possession.
Normally the builder starts maintenance from the time the occupation certificate is received and he gives possession to the buyers.In your case the data is insufficient and one needs to know when society tookover the reins from the builder.
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Adv. Vadakkemadom Lakshmanan SR
Thane | 100+ Answers
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As per You Querry ,
1. Firstly , The completion certificate is granted for the completion of Construction/Building/Residential Property Construction , It is not the Occupancy Certificate i.e. OC.
2. Secondly , In your case , the Society is demanding maintenance from the date it got completion certificate but here not the possession in your hand i.e., Occupancy Certificate .
3. Thirdly , An Occupancy Certificate is issued for the purpose of residential possession which means you can not settled in the said property as residentially .
4. Fourthly , If it is possible , When society demanding maintenance amount for the period when property was not in possession , You can raise the 3 points to be noted as above .
1. Firstly , The completion certificate is granted for the completion of Construction/Building/Residential Property Construction , It is not the Occupancy Certificate i.e. OC.
2. Secondly , In your case , the Society is demanding maintenance from the date it got completion certificate but here not the possession in your hand i.e., Occupancy Certificate .
3. Thirdly , An Occupancy Certificate is issued for the purpose of residential possession which means you can not settled in the said property as residentially .
4. Fourthly , If it is possible , When society demanding maintenance amount for the period when property was not in possession , You can raise the 3 points to be noted as above .
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