• Buying an apartment without OC

I am planning to buy an apartment in Bangalore however when checked with the builder on OC, CC, & DC conversion, he mentioned that he has the CC and DC conversion but OC he will apply only after completion of the project. The property is an E-Khata and falls under Panchayat. Is it ok to buy the apartment without OC? Is it ok to buy an E-Khata property and which is under Panchayat? Any other things I need to check with the builder before buying.? How to ensure that the builder provides OC after completion of project? Will I have any future implications if I buy a apartment under Panchayat?
Asked 6 years ago in Property Law
Religion: Hindu

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7 Answers

1. He is right as OC and CC is issued when the constructions is complete .

2. Even if it is not available after completion of construction the same is not damaging in title as well.

3. So if the title is otherwise clean then you can proceed to buy this proeprty even if the OC and CC is not available now.

4 Anyway get the deeds checked by a local lawyer.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

Wait till OC is issued then only purchase flat in the project

2) it is risky to purchase property without OC

3) there is no guarantee that builder will obtain OC after competion of project

4) OC is proof of building compliance with building code and other laws

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Hi, if he has obtained a certificate to develop from the town and country planning and got a CC , then there is nothing to do a background check .. CC is given by the town country planning after due checking of the project land, therefore you can go ahead with the booking ... Secondly , the OC is given by TCP department after builder has completed all the requirements , that is there as per real estate development act , which he will avail at the time when project is to be completed

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

If builder has completion certificate it would indicate that building has been completed as per sanctioned plans

2) you can consider buying E khata property under panchayat

3) if title is clear and marketable you would not have problems in selling the property

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

It is perfectly fine to purchase the flat with an E Katha and under pachayat limits. If the builder is willing to give an OC to the project on completion, then the same can be included in the sale and construction agreements that would be signed by the two of you.

So far as implications are concerned, I do not see any future implications except that the property appreciation would be slower in Panchayath limits when compared to Urban or city limits.

OC is provided only after all pending works are completed and not before. But an assurance from the builder in writing that he undertakes to provided it a later point of time would be sufficient.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

The plan approved by Panchayat is not valid and the E Katha has no significance if it is not A Katha.

The builder cannot get OC if it is Panchayat approved apartment.

You may obtain a proper legal opinion before buying the property so that you can be clear about all necessary legal impediments involved in this

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

The CC and E Katha and Panchayat approval are all not significantly genuine symptoms to enable the purchase of an immovable property legally valid

The local lawyer will be having some other query in this regard to opine and certify it's genuineness

You may consult one to make sure your investment in immovable property is safe and secure.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

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