Fake assurance. AOS can even execute before starting of construction. DOn`t rely on LL. Hope you have take payment receipt.
And without AOS, builder cannot accept advance more than 10% of total sale amount.
Can landlord give Agreement of Sale when the OC is not available?
I have booked the flat from the land lord by giving some amount of cash. He is asking me to pay the 60% of total value but he is not ready to give me the Agreement of Sale and saying that he cant give AOS until the OC comes for the flat. Is it true that landlord cant give Agreement of Sale until OC comes? Thanks, Mamatha
Asked 6 years ago in Property Law
Religion: Hindu
11 Answers
builder can enter into agreement for sale when 60 per cent of money has been collected by him
2) OC has no co relation with entering into agreement for sale
Don't pay any amount in cash. If you want to pay any payment give by cheque against receipt. It is stupid statement that AOS cannot be given before OC. Beware. He must be asking for 60% in cash? No AOS no payment. Payment that too against receipt by account payee cheque only.
Dear Client
OC is not a mandatory condition for Agreement of sale as the agreement of sale is proof of the payments you made for purchasing the flat and terms agreed between the parties regarding sale.
but for taking possession OC is mandatory. and you should avoid registering the sale deed before getting OC
You can enter into an agreement for sale with the landlord after payment of advances this will be binding him to sell the property to you the occupation certificate is definitely the important document but in case you want to lock the deal then you must have to enter into sale agreement with the vendors he cannot tell that he will do the agreement only after the occupation certificate is arrived
Yes agreement of sale can be executed but legally possession cannot be taken without oc
1. Well, without a formal sale agreement do not make any payment exceeding 10% of the total amount.
2. Without OC also the sale agreement can always be executed and the builder is clearly misguiding you in telling this thing.
3 . So either proceed with this deal on the basis of a sale agreement or ask for its cancellation.
4. it is not at all safe and hence advisable to make payment of such scale without protecting your interests through the sale agreement.
agreement of sale and oc both are different.
landlord Wantedly not executing agreement of sale.
becareful contact local property lawyer before entering into deal.
It is not true, agreement to sale can be made on approved plans and commencement certificate and under RERA only 10 percent amount can be taken without agreement by developer.
Buying a property without OC is a risk for the buyer.
Thus whether the seller is willing or not to enter into a sale agreement, the buyer should not venture into the purchase of the property without OC.
Dont pay him any amount towards advance even if he insists on it stating that let him first obtain OC first and then ask for more advance.
- As per the information mentioned in the present query, makes it clear that landlord has been lying to you.
- Agreement of sake is a document which is executed prior to the sale deed and it is the document that contain everything about the rights of both the parties like the amount paid, completion date, fine, refund etc.
- You should ask for the same or otherwise close the deal and get your money back.
- And if he says no then try to record in any message or something that you he has received that much of money, but if any paper been signed for the amount is there then would be more great help to you.
