LawRato

Seller doesn't have occupancy certificate what to do.


16-Dec-2023 (In Property Law)
I am planning to buy my first house , its a resale one. I got all the documents from the seller , the property comes under BMICAPA and it is a PANCHAYAT khata. Seller doesn't has Occupancy certificate of the property . Does BMICAPA/Gram Panchayat gives Occupancy certificate ? I don't have deep understanding of these khata and all , the only thing i know is only Khata A is good. The property is dere in Doddathoguru , Ecity phase 1 . I got to know that BBMP is coming to doddathoguru . Now the question is whether I should buy this property or not ? Coz Seller does not has Occupancy certificate and the property is having PANCHAYAT khata. Will it create any issues in future if I go with this property ? Do i need to get the khata transferred to bbmp and if this khata is transferred will BBMP consider it as A KHATA ? And from where should I get Occupancy certificate which I think is very important as per my research on the internet. Religion - Hindu
Answers (2)

Answer #1
941 votes
The first thing that should be understood is that buying the property without Occupancy Certificate (OC) is NOT advisable even though there are many apartments in Bangalore which don't have the OC. It is a risky matter. For detailed list of documents to be checked before buying please see the FAQ section at http://advocaterk.legal/

Answer #2
523 votes
sir, I learnt your question. It is better to take no objection certificate from BMICAPA authority whether the said property had been acquired or not for any public purpose. If the land has been acquired by seller from form NO.7,7a, AND occupancy possession from other land owners, then such enjoyment holder does need occupancy certificate issued by competent authority. For remaining legality check, you have to produce all document as per the direction from legal adviser.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."