Sir since it is old construction and it is occupied there won't be any risk as such or no action shall be taken even if there is no OC as such though it is advisable to purchase property have OC.

Since the other documents as old sale deed and chain documents are complete along with approved building plans you can purchase the property.

2. There won't be any hassels till time somebody complaints as alterations from approved plans are not allowed but the case is with most of flats in building it won't be now ordered to remove it .

You can in my view go ahead with the purchase if the title is clear.

Don’t purchase the flat if building does not have OC

2) banks are reluctant to sanction loan for projects not having OC

3) you have to pay double water charges to BMC if project does not have OC

The registration of the property is not related to the Occupancy certificate any alteration in the property which is not recorded in the registered documents will have no value for registration and you can go ahead with the area is specified in the sale deed

Firslty, as per the information mentioned in the above query, makes it clear that apart from the part OC and Modification, there is nothing to be worried about.

Secondly, all other documents show that the building is much away from any legal hassle in future.

Thirdly, part OC is also not a problem as it doesn’t create any mandate on the parties or on the owner or on the builder to have it full.

Fourthly, but, after the modification, I advice If the same may be mentioned in your agreement the exact area after modification. This for saving you from any future legal battle.

Good Luck...!

This is my response to you:

1. Without OC there is no guarantee that, someday the municipal authority can ask to vacate the tenants and demolish the building;

2. You may have heard of the recent news about the fire in a tower which did not have OC;

3. So it is always a risk investment;

4. Also since the carpet area is increased, that means that, someday the municipal authority can again take action;

5. If the area was increased by altering the area of the building then it is not permitted;

6. Consult a local lawyer and then only go ahead with the purchase.

1. if building does not have OC then bear in mind that all the taxes like property, water, etc. will be charged at higher rates by the municipality

2. there are many buildings in Mumbai and suburbs which do not have OC and people buy such properties and begin to live in it for years without any problems, but u never know

3. so it is a risk which you will take

4. if you have come for an advice, then it will be a NO

5. also consider from the future point of view when you go to sell this flat. What if by that time the OC is still not received? will you be able to find buyers?

6. the modification in carpet area will obviously create legal issues for the OC. For grant of OC, the local body will do an assessment and inspection of the building to check if there are any violations of FSI and sanctioned plans. If they find any such deviations then the OC will be stuck. However the local bodies are very corrupt and may even demand illegal gratification or ghoos to let go such deviations. So carpet area deviation from sanctioned plans must not be there, particularly when the OC is not received

7. another angle to look at the issue is from redevelopment point of view. When a builder approaches the society, he will have an upper hand as he can say that as he has incur expenses for getting OC issue cleared, he will not be able to give the redevelopment benefits as are being demanded by society members. As opposed to that if everything is clear then clearly the society and its members will have an upper hand while negotiating with builder

8. also if you are planning to take a bank loan, the bank may refuse to sanction loan if the building is without OC

9. So its a calculated risk which you have to take considering the above

OC is crucial while applying for a home loan or loan to purchase a resale flat. You cannot even sell your property without a valid OC in hand.

1. Selling this in future could be a trouble. Builder technically could not have executed a conveyance deed in absence of OC. There's a possibility that the apartment is not-complying with the building bye laws, otherwise the OC would have been easily issued.

Get a title verification done through an expert local lawyer.

2. Yes, this is not a trouble.

1. i never advise to purchase a property which does not have a OC.

2. The reason is that the government may pass any order at any point of time which might prove adverse to you since there is no OC of the construction.

What is the reason as to why the oC ahs not been given?

Regards

Why was the OC not obtained by builder?

Did you verify the extent of violation in the construction and confirmed it as to whether it may hamper the purchase at a later stage in the future?

The documents seemed to be ok however did you get a legal opinion from an advocate in the local?

Don't buy it without a recommendation by an advocate through his legal opinion.