You must take possession of flat only after OC is issued 

builder cannot deliver possession of flat unless he has obtained OC 

Without OC delivery of possesion is illegal and no MC payable till OC not issued and/or sale deed executed.

Without OC not advisable or take possesion but do not pay Maintainance.

1. Typically & Legally, taking possession of Flat without OC is a prosecutable offence under the local Civic laws & the Regional Town Planning laws.  The Penalty ranges upto 25000/-.  However this is usually not implemented by the relevant authorities.

2. Further nearly 50% properties in any City is actually occupied without OC, even with Water & Electricity connection with all amenities & facilities provided by the local Civic Body.

3. Even after possession, the Builder can be legally compelled to obtain OC, via a grievance petition in the local Consumer Court.

1. When once the statutory authorities declare that the building is fit for human occupation and the building does not endanger the occupants, then only the Occupancy Certificate is issued.

2. It will be legal for you to take possession of the flat only after the Occupancy Certificate is issued by the statutory authorities.

Literally there is no illegality in taking possession of a flat without OC.

However while doing so do get a written undertaking from your developer about when he would deliver the OC.

Lack of OC after reasonable time is deficiency of service for which you have legal recourse before consumer forum. 

Get an registered agreement done with the builder that he will provide OC

It is better and advisable  to have both CC & OC.  When CC is obtained OC is a formality, it will be given within short span of time, just wait till OC is given to you, thereafter, you can go ahead.

Further, it will help you avoid future unforeseen issues.

It is very much legal to demand OC or CC before possession. A builder cannot force possession of property if the OC or CC is not issued by the local town planning authority.

However if the builder is giving CC, then you can take possession.

There are plenty of flat owners who have taken possession of the flats even without CC.

However you can take possession with the CC and insist the builder to provide the OC at the earliest.

If you take possession without oc it will be illegal. You will liable to be prosecuted by corporation. 

If builder is insisting upon you to take possession, indirectly he is asking you to come forward for final registration as well. In which case, once registration is done, and later on the builder is unable to obtain OC for the project, then B.B.M.P will not issue and register 'A' Katha for the individual flat, but only a Form-B property extract would be issued deeming the project to be with deviations. This is cause of worry to you as a buyer.

Hence I would advise you to wait for the builder to obtain the OC (you have said that the builder has applied for OC) and later on when OC is obtained proceed for final registration and taking possession immediately.

Dear Sir,

If you are too legal then both are necessary. Both it has become casual in Bengalure to take the possession without CC. Possession is nine points in law and you will have an edge once get into possession but on this issue you cannot get back your amount if any paid.

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PURCHASE APARTMENT WITHOUT O.C

Dear Sir,

You may purchase it, because of following reasons, there will be no risk. Believe me.

According to reliable sources, about 10,000 residential buildings in the city, after the Karnataka government introduced the Transfer of Development Rights (TDR) in 2005, do not have OCs. Among these, 50 per cent are apartments. Another alarming fact is that only 97 high-rise buildings have obtained OCs between 2009 and 2014. As per this statistic, hundreds of buildings in the city are being occupied without being issued an OC. However, what is startling is that most of this is done with the knowledge of the BBMP which collects property tax from such property owners inspite of them not possessing an OC. This amounts to a direct violation of Section 5.7 of the Bangalore Municipal Building Bye-law of 2003.

Living in a flat without occupancy certificate? You may lose power

BENGALURU: Rajini Chengappa, 58, and husband Vivek, 65, bought a flat in Kodigehalli, off Hebbal, in 2012. They moved into the sixth-floor flat a year later.

The builder, Vivek says, had promised them an occupancy certificate (OC), but it has remained a promise. The Chengappas are not alone in their plight. Thousands of homeowners are facing a similar quandary. Nearly 10,000 buildings in Bengaluru, including 50% of apartments built after the Karnataka government introduced transfer of development rights (TDR) in the city in 2005, do not have OCs, say official sources.

In many cases, though the building plans are approved, OCs are denied due to other violations. Obtaining an OC is a requirement under the Karnataka Apartment Ownership Act, 1972. The law says one cannot legally move into a building unless the developer gets an occupancy certificate from the BBMP or BDA. The corporation can ask apartment owners to leave such illegally occupied flats or impose heavy penalties.

Replying to a question at the recent Belagavi assembly session, chief minister Siddaramaiah had said only 97 highrises in Bengaluru have obtained OCs between 2009 and 2014, while promising stern action against builders violating construction norms.

Energy minister DK Shiva Kumar echoed similar views and directed officials to get tough with apartmnt builders, by disconnecting power.

But it's not as easy as it seems, considering the quantum of violations, nexus between civic officials and builders and a lack of stringent laws. Many errant builders and developers have, over the years, gone scot-free, say those familiar with the working of the sector.

There are several examples of builders disappearing without giving OCs and legal water connections to housing complexes. Apprehensive of losing their homes, buyers who've invested hard-earned money move into their flats and make do with water from pumps and water tankers.

BOOM FUELLED GRAFT

So why are such illegal buildings mushrooming in Bengaluru? Urban expert V Ravichander attributes it to a breakdown of the system and lack of transparency. "There was a good system in place a decade ago. Following a real estate boom, unscrupulous builders began construction without approved plans, in an effort to increase profits. This not only broke down the system, but also fuelled corruption."

The bigger problem, says RTI activist BM Shivakumar, is that in the absence of well laid-down regulations, a person can get into the real estate business and start construction of a project without approvals or environmental clearances. "Why blame private builders? Many BDA flats owners have not got OCs after due to failure to obtain environmental clearance,'' he alleged. Some experts and activists, however, expect such malpractices will be curtailed after the Real Estate (Regulation and Development) Bill 2013, is implemented. They believe it will rein in the strong builder lobby, even if it cannot control it completely.

Ravichander favours a retrospective and comprehensive policy to regularize buildings without OCs.

Architect G Ramesh says occupants must be allowed to approach the BBMP and BDA and apply for OCs after paying a certain compensation. The corporation must facilitate the process, he added.

ISSUE NEEDS A RELOOK

This needs proper and scientific analysis. Members of the Association get occupancy certificates, as required by the Act. There are many outside the purview of the Association and perhaps many who haven't got the required certificate. The classification of highrise itself needs a complete relook. There are multiple agencies involved in sanctioning OCs, and perhaps the figure quoted is of a particular authority. Buildings that have OCs are many more, since it isn't possible to get various agency clearances and connections without OCs.