Legal Question in Real Estate Law in India

Apartment possession

I am about to get the possession of the flat in the newly constructed building in about 15 days. Looking at the work progress it will take another month or more to complete the work. For starting the interior work builder is asking me to pay the remaining amount due at the time of completion and take the possession. Please advice what all things to be checked at time of possession. I have learnt that the builder has still not got the OC. When is te OC issued to the builder.


Asked on 2/17/09, 1:33 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Apartment possession

I agree with Mr. Reddy.

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Answered on 2/17/09, 11:28 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Apartment possession

As per Ownership Flats Act, the builder is required to give possession only after issuance of Occupation Certificate by municipal authority.

At the time of delivery of possession, one need to check all the things like quality of work, area, electricity meter, parking etc. Further, one also need to properly understand writing taken by builder from purchaser at that time.

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Answered on 2/18/09, 6:08 am
SHIVA SHANKAR REDDY M/S S&S LAW FIRM

Re: Apartment possession

OC is issued when the builder completes the construction of building as per plan approved by municipal authorities which had sanction and interiors are not part of construction plan given by municipal as interiors are between you and builder if he does not complete the work as he specified at the time of purchase and he does not get registered the you are at liberty to file a case at local consumer court.

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Answered on 2/17/09, 5:54 am


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