• Leasing property without occupancy certificate & revised sacti

Can I buy office in a commercial IT sanctioned building & lease it immediately. But it still does not have a rewised sanctioned plan & also cannot give occupancy certificate. As the builder is not having it. But the builder in the same premises has already lease around 25000 to 30000 sq.ft. Area. Is it legal to lease such area which does not have occupancy certificate & also the revised sanction plan.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) you cannot occupy premises unless OC is issued by the municipal corporation

2) it is not legal to lease premises without OC and revised sanctioned plan

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. So long the revised construction plan is sanctioned and Oc is issued by the sanctioning authority, the said construction is not considered as valid.

2. It will not be prudent on your part to buy the said property without the builder's obtainging the revise sanction plan and OC.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. If a building lacks sanctioned plan then it's structural irregularity which often gets corrected by making payment of penalty.

2. There is no impact on title of property unless court directs demolition of whole building declaring it illegal.

3. Even in that circumstances you can enjoy the property till it's actually demolished.

4. So proceed to lease your office and earn money from it.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Buying a property is different to that of getting a property on lease.

If you get a property on a lease agreement, all the liabilities including the government sanctions and taxations shall be on the shoulder of the owner and not the lessee.

Therefore buying a property without having OC will be as good as undertaking a risk.

You may obtain a legal opinion about the property from your own lawyer before venturing into the purchase of the property.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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