Is possession valid without occupation certificate
11-Jan-2023 (In Property Law)
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..
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
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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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