Legal Question in Construction Law in India

My building got Occupancy Certificate on April 07/2012. My builder is ready to give me possession letter with a date March 30, 2012 so that i can claim the tax refund on principal as well as interest amount for last financial year. Is it legal, kindly advice.


Asked on 4/25/12, 9:43 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

26.04.2012

Dear Sir / Madam,

It is a prevalent practice in India that on account of certain exigencies, for example - the buyer may have no other house premises to stay in, the buyer takes possession of his flat even before the Occupation Certificate is obtained by the Developer / Builder.

If you are entitled to claim any income tax rebates, I do not foresee any harm in you taking a letter from the builder that you took possession on the 30th of March, 2012.

You can mail me for further on-line legal advice at [email protected]

Regards,

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Answered on 4/25/12, 6:46 pm


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