Legal Question in Real Estate Law in India

Occupaction Certificate & Society Handover
My builder is not giving the Occupaction Certificate and also not doing the Society Handover. He says that I still have 20 flats in the society. Unless those are sold, I will not give the handover.

Please suggest what steps the society members can do to get the OC & society handover.

Asked on 11/17/08, 1:49 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Occupaction Certificate & Society Handover

You will need to refer to the agreement executed by the society with the builder. The builder may have lien over the property against his dues payable by the society. If the society is in a position to clear his dues, the builder may not have any right to withhold delvery of possession.

Answered on 11/17/08, 8:45 am

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M.P. SANJAY M.P. SANJAY M/s. Sanjay

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Re: Occupaction Certificate & Society Handover

You can approach to the consumer forum for proper remedy.

Answered on 11/17/08, 10:20 am

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Nasir Butt Nasir Law Associates

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Re: Occupaction Certificate & Society Handover

The reply is subject to two agreements, one between you and builder and second one between builder and society. In such type of cases, builder has charge over the society's property. Until agreements are seen, no positive opinion can be given, avoiding suspect and misunderstanding.

Answered on 11/17/08, 12:22 pm

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