Legal Question in Real Estate Law in India

OCCUPANCY CERT IN MUMBAI (rephrased)

In a building thats nearly complete, I have paid an initial amount to confirm interest in a flat.

The registration is fixed for the 1st week of May by which time, the OC application will be made - but the OC will NOT have yet been granted.

The builder wants me to pay 90% at the time of registration and 10% upon OC receipt.

QUESTION ( REPHRASED)

1. What are the worst-case implications of living in a non OC building ?

2. What could the authorities do, in the long term if this is never granted ?

Thanks


Asked on 4/17/09, 9:03 pm

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: OCCUPANCY CERT IN MUMBAI (rephrased)

The occupation remains illegal till OC is granted. The future course of action may not be determined at this stage till some action is taken/initiated by the authorities.

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Answered on 4/17/09, 11:46 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: OCCUPANCY CERT IN MUMBAI (rephrased)

Under MOFA, builder can deliver possession of flat only after OC.

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Answered on 4/18/09, 2:35 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: OCCUPANCY CERT IN MUMBAI (rephrased)

Already replied.

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Answered on 4/18/09, 4:46 am


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