Resale of flat without obtaining occupancy certificate


i am planning to buy a resale flat in Chennai which was registered during the year 1989 and construction was completed during 1990, however the owner is not having the occupancy certificate for the building. As per the seller during 1989-1990 such certificate was not there. The planning permit issued by MMDA is provided and deed, EC etc is available. Legal opinion from local lawyer is clear. Pls advise whether we can obtain under undertaking/ affidavit etc from the seller for non-availability of occupancy certificate

Answers (2)


207 votes

You take possession of the same after buying the property. More over the flat which you contemplated to buy is almost 28 years old. Therefore absolutely there is no difficulty whatsoever in buying the said flat.


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130 votes

With reference to post in law Rato. There is no statutory compliance or rules. You can proceed with the the sale by verify Ec is mandatory. For your satisfaction you ask memo or affidavit can be filled before registry

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