• Occupancy certificate and registration of flat in Bengaluru

RERA has sent a restraining order telling respective sub register offices not allow any kind of registration with respect to Apartment where I have bought a flat on Assignment Agreement from a third party. Now I get absolute sale deed done to me from builder which is not happening due to RERA's retraining order. I have raised complaint in RERA and appearing when ever they call me. However, Officers in RERA office are telling me that registration can be done only after obtaining OC for that particular flat which may take years as builder has pending works. However, there are 120 flats are registered and people are dwelling in the same. Is there any legal course for getting absolute sale deed done to me from builder
Asked 1 month ago in Property Law
Religion: Hindu

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9 Answers

File an appeal against RERA order before the Appellate Tribunal 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

Looks like in a pending proceeding before the RERA Tribunal there is a restraint order.

Now to avoid the coverage of this order you need to file an application before the RERA Tribunal to get permission for registration f your flat. 

It is permissible. 

Devajyoti Barman
Advocate, Kolkata
22886 Answers
492 Consultations

5.0 on 5.0

No, as such there is no way. OC is compulsory for taking possession of flat and thereafter for registration of sale deed. People who are dwelling in flats without OC is illegal and contrary to law and in case of any mishappening neither builder nor authority would be held liable in any manner. 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

You have only remedy to challenge that order or wait till the rera vacates it. You can take direction from rera or consumer court foot builder to obtain oc and compete registration process in to our matter 

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

The promoter/builder is under legal obligation to fulfil all his commitments and obtain the OCs in respect of the flats sold. Otherwise, RERA will not lift its restraining order. The only legal remedy for you is to file a suit against the promoter/builder for specific performance of getting the sale deed registered by complying with the RERA requirements immediately, in consultation with a competent lawyer. Meanwhile, you may continue to represent your case before the RERA authority.

Swaminathan Neelakantan
Advocate, Coimbatore
2823 Answers
20 Consultations

4.9 on 5.0

Dear Client,

Carefully review all contracts and agreements related to the purchase of the flat, including the Assignment Agreement and any agreements with the builder. Pay close attention to clauses regarding transfer of ownership, obligations of the parties involved, and any conditions precedent. Understand regulations set forth by RERA in your jurisdiction. These regulations may impact the timing and process of property transactions, including the requirement for an Occupancy Certificate (OC) before registration.

 

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

If there is a restrain order from a legal authority to stall the registration process of new flats in the absence of OC, you cannot interfere into it.

You have to put pressure on the builder to obtain the OC expeditiously otherwise to return the sale consideration amount paid to him so far.

The competent authorities competent to grant OC can even demolish the building if the OC has not been obtained by complying with the conditions and rules of constructions

Owning a flat without an OC can be considered illegal as per laws of the specific country or state where the property is located. It may also put the property out of compliance with local laws and regulations, which can lead to fines or penalties.

Occupancy certificate is issued when a property is ready to be occupied. This certificate indicates that the building is equipped with civic needs such as sanitation, water, and electricity. This is a very important document, and the prospective buyers of an upcoming apartment should necessarily ask for this

Hence you may follow it up with the builder instead of RERA because the defaulter is the builder and not the RERA. 

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

- 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.

- Further, if the builder fails to give or obtain OC, then you should lodge your complaint before RERA.

- Since, the RERA has passed restrain order in the absence of OC , then you can file an Appeal against that order on the ground of 120 flat owners have already got registered their flats. .

- Further, you can file a complaint against the said builder before the Consumer Forum for getting the same. 

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

If any or few flats has been registered from same building construction area among 120 flats than you can also make registration of your flat. 

Otherwise you can put pressure on builder to complete the building construction of your flat atleast and get the OC from BMC.

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

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