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Possession of flat without occupancy certficate


05-Jul-2023 (In Property Law)
Is it advisable to take the possession of the flat (property based in Mumbai ) before the Occupation certificate is received. What is the obligation of the builder in this regard under RERA.
Answers (2)

Answer #1
899 votes
Hello,

Home at risk – Flat without OC

1. Without a valid OC, your occupancy is illegal as it can be classified as an unauthorised structure by the authorities.

2. OC is crucial while applying for a home loan or loan to purchase a resale flat. You cannot even sell your property without a valid OC in hand.

3. Key amenities like water, sewage connection, electric supply, etc, can be disconnected in case you do not have an OC.
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Answer #2
619 votes
Dear Querist,

What is the date of possession? It is advisable that not to accept possession without occupation certificate. If the builder is not furnishing OC then you can file a complaint before RERA.

Regards,
Rakesh V. Misar
Kachwala Misar & Co
Advocates & Solicitors
Mumbai
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