You are at liberty to sell your flat
2) you need builder NOC for sale of flat
3) no dues certificate
4) tripartite agreement can be entered into between you , Buyer and builder
5) it should be duly stamped and registered
Want to urgently sell property without OC (moving abroad)
Dear Sir/Madam, Is it possible to sell a property without an occupancy certificate? I booked a 2BHK unit in Ansal Heights, Sec92, Gurugram in the year 2011. They had promised possession in 4 years but the project was delayed and they have now offered possession in 2020 and demanding an additional 6.5L as due charges (including maintenance plus legal). At this moment they dont have an OC. However, my situation now has changed and I don’t want to occupy it rather sell it but not sure of the implications without an OC. I would really appreciate some advise here as this is a bit urgent as I am leaving India in the next 2 months.
Asked 6 years ago in Property Law
Religion: Hindu
11 Answers
MC is changeable from the date of OC and possession delivered. Demand is illegal, on the contrary, you are entitle to compensation/interest for delayed possession.
Falt can be sell without OC but in 2 months, it`s hard to find a potential buyer. Refuse their demand and ask them pay you 12% yearly interest of total amount paid from 2015 up to present.
Thank you Ajay Sir and Yogendra Sir. Follow up questions: 1. Can I ask the prospective buyer to clear up the dues as I am not in a position to make any further payments? Also, the bank (hdfc) which had sanctioned my loan has stopped giving further payments to this project. 2. Is 12% interest by law? They are saying they will compensate @ Rs.50 per sq feet for delay.
Asked 6 years ago
You are entitle to same interest rate which builder would have charged if you have defaulted in payment. If buyer is agree to clear dues, no issue.
But builder demand is illegal, he delayed the project and No MC before OC issue.
you can ask buyer to make further payments
2) if there is delay in delivery of possession you can claim interest at the same rate as charged by builder for delay in making payment
Generally, in cases of sale of flats under construction, a tripartite agreement is entered into between the seller (who had originally booked the flat), the purchaser and the builder.
When there is a rule that you should not accept possession of flat without OC then where is the question of selling the property without taking possession?
You may insist on OC from the builder as a reply to his demand for payment arrears or other dues./
Your buyer may not be comfortable to buy the property without OC.
1. It is a mutually agreed condition between you and the buyer, ther is no strict law on it.
2. The interest for delay in handing over possession was as per the rate as mentioned in the sale agreement hence you may visit the agreement once again on this and decide.
Yes the property can be sold without Occupancy certificate of the buyer agrees to same.
See if you find buyer and he is ready to purchase it you can make a triparty agreement with the buyer and builder.
The builder can assign your flat to new buyer and directly register to him.
Further for the delay you can file RERA or.consumer complaint and can seek compensation for the delay.
1. See if buyer is ready you can just take you amount from him and the rest of amount he can pay to.builder directly.
2. You can seek more interest under RERA also since delay is long file RERA complaint you can pray cancellation along with refund and interest.
Yes you can sell the same but it's advisable to take possession after oc by new buyer.
1. You can sell the property without getting OC.
2. You are not liable to pay maintenance before taking possession of flat.
3. If you are not taking possession then you can refuse to pay maintenance to builder.
