• Possession of flat

Builder is suggesting to take ownership of flat as soft possession. Howevere still occupancy certificate is awaited.

Its a reputated builder but can i take possesion as i need to rent it out as many owners have done the same.
1. Should i take possession and rent it out.Flat is in pune.
2. Any document which i need to specifically see before possession of flat. Kindly advise
Asked 1 year ago in Property Law
Religion: Hindu

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11 Answers

Check the sanction plan, if there are no major deviations you can take possession of flat as OC will be issued  in due course.

Ravi Shinde
Advocate, Hyderabad
4087 Answers
42 Consultations

5.0 on 5.0

OC is must for offering and or handing over of possession . OC issued by authorities only after carrying inspection of project and on being finding the same habitable with required amenities necessary for living. So without obtaining builder cannot offer nor can handover possession of flat. It is not safe nor fit to take possession of such flat where even OC has not been received. The act of builder is in violation of RERA and other laws. 

Siddharth Srivastava
Advocate, Delhi
1281 Answers

5.0 on 5.0

You should ideally take possession of flat after issue of occupancy certificate 


builder cannot force flat owners to take possession of flat before issue of OC 


rest is your call 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

When you take possession without OC you commit offence even builder can’t give possession without oc

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

 - You should know that an Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.

- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.

- Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given a water connection and are charged a higher property tax.

- Hence, in the absence of an Occupancy Letter, you should not accept the possession letter from the builder.

Mohammed Shahzad
Advocate, Delhi
13720 Answers
207 Consultations

5.0 on 5.0

It is not advisable to take possession of the flat without the builder providing OC from the competent authority.

If in case of any deviation and the PMC is not granting OC, then the authorities may pass an order to demolish the unapproved portion of the structure constructed in violation to the approved plan


T Kalaiselvan
Advocate, Vellore
85702 Answers
2265 Consultations

5.0 on 5.0

Firstly, it's important to understand the difference between possession and ownership of a property. Possession means that you have physical control over the property, while ownership means that you have legal rights and title to the property. In this case, it seems like the builder is offering you soft possession, which means that you can take possession of the flat, but legal ownership has not yet been transferred to you.

It's important to note that without an occupancy certificate, the builder may not have completed all the necessary legal formalities required for the building to be occupied. Therefore, taking possession without an occupancy certificate can be risky.

Before taking possession, you should carefully review all the legal documents related to the property, including the builder-buyer agreement, sale deed, and any other relevant documents. You should also ensure that all the necessary approvals and permits, including the occupancy certificate, have been obtained by the builder.

Additionally, if you plan to rent out the property, you should also be aware of the legal requirements and regulations related to renting out a property in Pune. It's always a good idea to consult a legal or financial expert who can guide you through the process.

In summary, it's important to carefully review all the legal documents and obtain all the necessary approvals and permits before taking possession of the flat. Without an occupancy certificate, taking possession can be risky, so it's advisable to wait until all the necessary formalities have been completed.

Anik Miu
Advocate, Bangalore
9402 Answers
112 Consultations

4.9 on 5.0

It is compulsory for the builder to obtain CC and OC before offering possession. The mandate is on the builder, you may accept the possesion if you may deem fit.


2. Fire NOC, lift doc, OC, CC etc

Vibhanshu Srivastava
Advocate, Lucknow
9636 Answers
304 Consultations

5.0 on 5.0

1. It is advisable to wait for the issuance of the OC first before you take legal possession of the flat and rent it.

2. Not advisable. No builder can be trusted on such matters, beware!

Swaminathan Neelakantan
Advocate, Coimbatore
2855 Answers
20 Consultations

4.9 on 5.0

There is no such provision in law as "Soft Possession" either you are in possession after registration of the flat or not.

If registration of the flat is complete you are the owner and you are at liberty to do whatever you like, but if you are not you are not yet the owner and you are not eligible to put in a tenant. 

Sayan Datta
Advocate, Kolkata
7 Answers

Not rated

It's important to exercise caution and consider several factors before taking possession of a flat, especially if the occupancy certificate is still awaited.

1. The occupancy certificate is a crucial document that signifies that the building has been constructed according to approved plans and meets the necessary safety and regulatory requirements. Without an occupancy certificate, there may be potential legal and compliance issues associated with taking possession and renting out the flat. It's advisable to wait for the occupancy certificate before proceeding with possession and renting. If the primary reason for taking possession is to rent out the flat, it's important to evaluate the rental potential and demand in the area. Consider factors such as location, amenities, market conditions, and rental rates in the vicinity. Conduct thorough research to ensure that renting out the flat would be a viable option and aligns with your financial goals.

2. Before taking possession, ensure that you review and understand all the legal documents associated with the flat. This includes the sale agreement, allotment letter, building plans, payment receipts, and any other relevant documents. Verify that the builder has fulfilled their obligations as per the agreement and that there are no discrepancies or discrepancies in the documentation. While you mentioned that the builder is reputed, it's always a good idea to conduct some due diligence. Research the builder's reputation, past projects, delivery track record, and any potential legal disputes or consumer complaints against them. This will help you assess the builder's credibility and reliability.

Sukumar Jadhav
Advocate, Mumbai
33 Answers

Not rated

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