Builder cannot deliver possession of flat until occupation certificate is issued 

2) however it is in your interest to have registered sake deed in your favour 

- Builder who has given possession to buyers without OC , is in breach , because no possession can be given without OC.

- The certificate of Occupancy in Banglore is one of the most crucial documents for a home buyer. 

- Further, If the builder sends a possession letter without OC, the buyer should resist such possession and refuse to pay the principal or the so-called interest claimed. 

- The Notice of Possession /Possession Letter is issued by the Builder in favour of the buyer stating the date of possession of the property.

- But , a notice of possession /possession letter alone would not suffice for legal possession of the Property , unless OC has been obtained.

You bought a flat under the subvension scheme. OC is necessary. Demand a formal letter and inspect the flat.

Regards 

He is trying to dupe you by giving you notice of possession although the flat may not be completed as yet.  He should first give an CC certificate ie completion certificate.

Regards 

Yes, the builder may have to specify that the possession is without OC if he did not procure the same.

In fact you should not take possession without OC.

What is the difference he is trying to explain by stating these two different technical terms.

What is the use of issuing a notice of possession when he is not ready to handover p[physical possession?

You can deny possession without OC if there is delay on part of the builder then you can file.a complaint under RERA against the builder.

See notice of possession is to inform possession date builder cannot offer possession without the OC.

No it's not legal even you can refuse the possession for lack of OC. No, notice of possession is before possession but actual possession is on date of possession

Ask builder to furnish copy of OC obtained from municipal corporation 

inform him that builder can offer possession only after receipt of OC 

no notice for possession can be given prior to OC

You can write to builder that this letter of possession is nothing to do with actual possession and the OC.

And tell him not to run out from paying pre emi as mentioned in the agreement to sell.

Kindly act straight forward as what written in the agreement to sell. Otherwise you can make complaint against builder in the RERA.

You're eligible to get you amount back along with Interest if the project is delay as per written in the agreement.

Builder can offer you possession only when the OC is in place

He cannot offer you possession before the OC is received and thereby get rid of his liability of paying EMi till possession 

Possession always means legal possession 

Offering possession without a valid OC is no possession at all

1. Typically an "Occupation Certificate (OC)" is granted by the Revenue /Municipal authorities,  "ONLY"  IF the building structure is legal in all respects and complied with the sanctioned plans.  ELSE it would be illegal and legally not eligible for possession (in any manner whatsoever).  In Mumbai, there is a continuing penalty of 25000/- on the occupant, under the BMC laws, for occupying property without an OC.

2.  Issue proper legal notice to Builder, to provide you the OC copy, consequent to which you would take legal possession and till then builder remains liable for the EMI /whatever ....

OC is must which is given by the local planning authority  

Regards 

G.Rajaganapathy 

High Court of Madras 

1. Without receiving OC from the appropriate authority, the flat is not ready to be taken possession of.

2. You shall have to write to the builder immediately asking for copy of the OC to enable you to take possession of the said flat. 

1. Notice of Possession is issued to the buyer asking them for taking over possession of his flat  constructed by the builder.

2. Notice of possession can not be legally issued by the builder till the flats are ready for giving possession for which OC is required to be obtained by the builder.

Builder can not allot flat without obtaining OC  you should resist such possession. 

If the builder refuses to give you the OC, then you must not take possession. oc is must without oc your possession is not legal. 

The PC is provided by the development authority to the builder how ever the builder raises the possession letter to the individuals. In some cases the builder issues the letter but may be awaiting the OC from the Development Authority.

No builder cannot offer possession without OC and CC from authorities.

He cannot force you to take possession without OC.

It's illegal to issue any letter regarding possession or demand any money for that purpose. You can approach appropriate forum or govt department itself.