• 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 4 years ago in Property Law
Religion: Other

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9 Answers

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

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

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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