• Documents necessary for purchesing a residential flat at Kolkata

I want to buy a ready to move (new construction) residential flat from a developer (a partnership firm) in Ward no. 15 under Kolkata Municipal Corporation (KMC). The flat is in the first tower in a mini complex of 3 towers of which construction of 1st tower has been completed and some buyers are residing there for last 10 months. Construction of 2nd tower will be completed within a few month and 3rd tower's construction will be started within one month (plan has been sanctioned). Completion Certificate for 1st tower has not been taken from KMC. Questions are :

1) What are the documents necessary to check the genuineness of the flat and its land and also the developer?
2) May I buy the flat without CC and reside there? What will be the problem in future if the developer will not get CC from KMC, May I sell the flat without CC?
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Dear Client,

Sale deed, who is actual owner of land, whether it`s joint venture (agreement) between land owner and builder or builder`s owned land, copy all all.

CC , OC are must, CC is construction is completed as per the building approval plan and OC certifies that the building has complied with all the required building standards, local laws and it is safe to occupy after duw verification by authority.

The legal possession of the Flat by the Owner is valid only with the Occupancy Certificate.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) check whether building plans have been sanctioned

2) whether title of builder is clear and marketable

3) whether building completion certificate or OC is issued

4) builder cannot deliver possession of flat until OC is issued

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1) You have to check land owner and developing agreements, KMC layout permission, Collector NA plot, Search report, Electricity permission, fire Brigade permission.

2) Without CC by KMC you could not sell your flat to other party as other party may not get the Bank Loan.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. You shall have to verify the property documents first i.e. title of the land and development agreement, tax payment receipt etc. Others are staying there is no reason to skip the said document verification. You shall also have to ensure that the said flat or the entire tower has not been mortgaged with any lending bank and if it has been so mortgaged, you shall have to collect NOC from the said mortgagee bank before purchasing your said flat.

2. It will not be prudent on your part to buy the property with out having the CC. If the developer fails to obtain CC, then it will be considered that the flat has not been constructed as per the sanctioned plan for which the Corporation has the right to demolish the unauthorised construction.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. Sir title of the property that is ownership documents , registered developer agreement and revenue records. Power of attorney if any registered or not.

Further the plans for construction are approved or not Commencement certificate and occupancy certificate.

Now further for.ongoing projects it is registered under rera or not.

2. Sir the construction shall be illegal it won't fetch you value on resale and it can be termed as illegal can be bought down though rare chance further you have to pay the regularisation charges if under any scheme by govt. Is bought.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) What are the documents necessary to check the genuineness of the flat and its land and also the developer?

Answer: Check for the OC, CC/BCC, and other clearances required in your area. Also check if it is RERA registered or no;

2) May I buy the flat without CC and reside there? What will be the problem in future if the developer will not get CC from KMC, May I sell the flat without CC?

Answer: You can purchase the flat if there is no CC. But if the the KMC sends a notice for eviction then you have no option but to vacate the premises. You can try selling but most people would not buy if there is no CC;

This is my response to you:

1. Ask the builder when is the definitive date he will receive the OC and CC?

2. If he does not get it in time complaint to consumer court;

3. If the project is RERA registered then file a complaint to RERA;

4. Also make sure there are no ongoing legal dispute with respect to the land etc.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

First and foremost check the title documents and revenue documents and payment for taxes, conversion order for NA, GPA, JDA, Sharing Agreement with builder and land owners and etc.,. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

1. You need the copy of i. development agreement, ii. power of attorney copy, iii. all the title deeds of land on which construction is being made, iv. sanctioned building plan.

2. CC is a mere formality which is going to be sanctioned son. So ignore it if the same is not issued as yet.

3. Selling or buying a flat has nothing to do with the CC.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello,

CC is necessary for resale .

But you will get it later .

Thanks and regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

OC is necessary to occupy flat

2) mutation of flat can be done in your name

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. CC or OC is must for taking possession of the flat.

2. There might be problem while applying for registration or for mutation of the flat.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

CC means Completion Certificate, it will be available after completion of the said building of the complete project, it is very essential. With regard to OC, it means Occupation Certificate, it will available after completion of your building only after getting the CC. Both documents not available entire project will be called as illegal, it means defective title.l All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Mutation can be done based on registration though there can be issues while occupying the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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