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Can the builder deny the occupational and completion certificate ?


25-Sep-2023 (In Property Law)
Dear Team, I am planning to buy villa in Suryanagar Outskirts of Bangalore , Near Electronic city, seems like Builder says he does not have Occupational Certificate and Completion Certificate for Village Panchayat Khata, Is this is an issue, Later can i resell this property without any hurdles, Please advise..
Answers (3)

Answer #1
865 votes
If you are buying a villa it will not have any occupancy certificate. but katha is very much necessary without katha you cannot go ahead with the purchase.

For any further clarifcations you can better get a formal legal opinion on the documents so you will have clarity if any issues are their.

Answer #2
962 votes
good evening sir, i would like to answer to your query regarding the transfer of property through sale deed. The builder who wants to sell villa in Suryanagar Outskirts of Bangalore, That property is in Panchayat area. The Occupational Certificate and Completion Certificate for Village Panchayat Khata must be necessary for the registration of the property. Therefore you ask him to give the said documents. without these you do not move for the further transaction.
Answer #3
779 votes
simple terms, the absence of a valid Completion certificate / Occupancy certificate, means that the building may not have been built as per approved plan, and the threat of demolition of unauthorised structure looms large.
Further, if you want to sell or hypothecate the property after a lapse of say 10 years, you will not be able to do so, if you do not possess a valid Completion certificate / Occupancy certificate. Though this is not blocked by law, people usually do not purchase the houses without occupation certificates. When one goes to bank for mortgaging a house, they also look for occupancy certificate.

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