OC is given only by competent authority when the property is in municipal limits the gram.panchyat does not have power to give OC.
So if there is CC the plans are approved and the gram panchyat gives the NOC for.possession then it is legal.
OC for collector approved projects in Gram Panchayat
When I enquired about OC with the builder, I got the reply below. They don't provide OC, but rather possession is given based on completion certificate and acknowledgement of Gram Panchayat. Gram Panchayat receives property tax after possession. Project is in Raigad district, Maharashtra outside municipality limits. It is sanctioned by collector, commencement cert is from ZP. Reply from builder: We would like to inform you that our project is under the jurisdiction of Gram Panchayat area and the process of possession adopted in these locations are: 1) Developer gets completion certificate from an Architect registered under guideline of Council of Architects, India after completion of that building. 2) Developer formally intimate Gram Panchayat (Local Authority) about completion of building and it is ready for possession along with architect completion certificate. 3) Gram Panchayat acknowledge the receipt of intimation and there after people can take possession their flat. Would this property be considered legal?
Asked 6 years ago in Property Law
Religion: Other
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9 Answers
Gram panchayat is not having power to give OC. It is given by competent authority when it is in municipal limits. Better to get documents scrutinised by local advocate since procedure varies from state to state. If completion vcertificate is given and property is ready to be registered and gram panchayat accepts tax you can go ahead with purchase.
I presume plans are duly sanctioned by Gram Panchyat
In such a case then Architect certificate and possession Letter from Builder/ Developer is sufficient
3) it is always better to purchase flat within jurisdiction of muncipal corporation as you would have OC issued by muncipal corporation
Hello,
Yes the project is legal, if the Gp is receiving the property tax for the same then the same will be considered as legal.
Also to cross check the procedure as told by your builder you may file an RTI and enquire with the authorities as to what is the correct procedure if in case the procedure told by the builder is not correct.
Regards
Dear Client,
After duly executed sale deed, ownership in the property is legal and valid.
A certificate of occupancy is a document issued by a local government agency or building department certifying a building's compliance with applicable building codes and other laws, and indicating it to be in a condition suitable for occupancy.
The authority under whose jurisdiction , building is located, give in writing that CC is sufficient and no OC is provided and required for building project in this area than no complications.
Yes
The ZP is the authority to issue OC in such cases.
The Architect cannot issue OC certificate, he can give his report about the completion of the construction.
He can mention the defects or deviations or successful completion of the construction in all the respects.
Based on his report the competent authority may issue the OC.
Yes but you need to confirm the guidelines under which only gram Panchayat approval is needed. As the local authority is not corporation and its gran Panchayat the authority is given to them.
1. ONLY IF project NA is sanctioned by Collector, and other documentary procedures (as you mentioned) are duly conducted, THEN the project is legal enough for all purposes, PROVIDED the Gram Panchyat office, duly registers the same in its records, allots individual house numbers and issues individual "gram panchayat house tax" receipts.
Keep Smiling .... Hemant Agarwal
