Legal Question in Real Estate Law in India

Occupation Certificate

I have purchased a flat in Navi Mumbai. The building is ready and the builder is ready to give possession but still Occupancy Certificate is not obtained. Should I take possession or wait till the builder obtains Occupancy Certificate. I mean what are the advantages and disadvantages in taking possession without OC. I do not intend to use immediately.


Asked on 4/17/08, 7:00 am

2 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Occupation Certificate

The Builder is supposed to to the get the Project Completion Certificate/Report from the Municipal Corporation and then he can release the possesion to the Purchasers of the property.

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Answered on 4/21/08, 1:03 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Occupation Certificate

Under Maharashtra Ownership Flats Act, 1963, the Builder is obliged to first obtain Occupancy or Completion Certificate from the Municipality and then deliver possession to flat purchaser.

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Answered on 4/18/08, 1:34 am


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