• Sale Deed only mentions floors for which Occupational Certificate (OC) is received

Hello,
I have a question, The apartment by the builder is constructed till 21 floors but Occupational Certificate (OC) as of now is only till 17 floors.
I have purchased flat in 17th floor.

The sale deed is only mentioning the number of floors (till 17 floors) for which builder has received Occupational Certificate (OC) and doesn't mention rest of the floors (i.e. doesn't mention about 21 floors). 

Question:
1. Is there any problem in that?
2. Will i be able to resale my unit later as my sale deed is only mentioning 17 floors but it is build till 21 floors?
Asked 10 days ago in Property Law
Religion: Hindu

4 answers received in 2 hours.

Lawyers are available now to answer your questions.

8 Answers

Partial OC has been received 

 

2) there is no problem 

 

3) OC would be issued for entire building as and when builder completes construction as per sanctioned plans 

 

4) you can sell your flat 

Ajay Sethi
Advocate, Mumbai
87595 Answers
6134 Consultations

5.0 on 5.0

Dear Client,

this may create a problem but talk to your builder once. there should be no problem for your flat as the OC mentions 17 floors and yours is the 17th one. 

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

  1. As oc is granted for 17 floor, you will not face any problem as you have purchased 17th Builder will face problem in regularizing 4 floor.
  2. You will certainly be able to sell you unit as it OC granted.

Ravi Shinde
Advocate, Hyderabad
2490 Answers
41 Consultations

5.0 on 5.0

1. If the property purchased by you falls in the 17th floor and the builder has already obtained OC till 17 floors, it is the botheration of the people occupying the property beyond 17 floors, hence you need not be concerned about it. 

Perhaps the builder may obtain OC for them in future.

2. You are going to sell your flat lying in 17th floor for which there is a OC furnished by the competent authority, hence you can very well proceed to sell your property. 

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

- An Occupation Certificate is a legal document certifying that the building construction has abided with the approved plan and is ready to be occupied.

- Further , the possession of the flat by the owner is valid only after obtaining the Occupancy Certificate.

1. Since, the OC of the 17th floor already obtained from the competent authority , this means your possession in the said building is valid. Hence you will not face any problem even if extra floors permission with OC is pending. 

2. Yes, As your floor is fully passed. 

Mohammed Shahzad
Advocate, Delhi
9707 Answers
116 Consultations

5.0 on 5.0

you may have issues for resale with the said title

Prashant Nayak
Advocate, Mumbai
26998 Answers
83 Consultations

4.4 on 5.0

As your flat is on the 17th floor the construction of which has been duly approved by the competent authority, you are legally safe. However, imagine the situation if the competent authority decides to knock down the unauthorized 4 floors at a later date! At that time, you need to move the court for a restraining order in order to ensure that you flat does not suffer any structural damage.

Swaminathan Neelakantan
Advocate, Coimbatore
1883 Answers
18 Consultations

4.9 on 5.0

1. It appears that the Builder had obtained from the Municipal Corporation for constructing flats up to 17 floors only.Since you have purchased the flat in 17th floor, you are not likely to face any problem.

 

2. You are not likely to  face any problem for selling your flat at 17th floor. Moreover, by the time you will  decide to sell your flat, the Builder will most likely get the sanction for the extended floors by paying penalty.

Krishna Kishore Ganguly
Advocate, Kolkata
26517 Answers
726 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer