• Legal advice on buying a property in Whitefield, Bangalore

1) The Builder says We cant get an OC for the property that is G+3 Construction. The reason being is a little deviation from the approved plan by BDA. Instead we get an E Khata by gram panchayat which after BBMP'S take over we shall get an A Khata. Will there be a problem now or later in future if I buy an apartment? The land papers are genuine. Will it affect the water supply and BESCOM (Electricity) Connection? How it will affect my stay for the rest of the time and the registration of the property? The CC had to be obtained by BDA but the khatas are issued by gram panchayat. As per the builders legal team, they say during the initial stages the CC was not applicable for the property but am concerned.I am buying the property from the landowners share.
How will it affect the land owner in terms of sale ability of flats? The total number of flats in the complex is 68. The flats have already been given the khatas individually in the name of the landowner. Is there any other competent authority to issue the OC and any certificate similar to OC that proves the flat is ready for possession? Even the landowner is a bit concerned about this OC and CC. The property is to be handed over in April'15. Will the OC be given later duting the time of possession? How do we define the term possession? i;e possession to landowner and to the customer? 


Pl advise.
Asked 12 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
If the property is situated outside of corporation limits then the competent authority to issue the Commencement certificate would be B.D.A.After issuance of the CC, the gram panchyath within whose jurisdiction the property falls will issue the E-Katha or electronic katha (made mandatory by the Panchayath authorities) on completion of the project the developer/builder will handover the flats to the land owner who will take possession and hand it over to you. Builder will then issue the possession certificate in your favour.
With the possession you become the absolute owner, after which if the property were to come within BBMP limits you can produce a copy of the sale deed along with E-Katha and seek for registration of A katha certificate for the said flat.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
5.0 on 5.0
1) the builder has not completed construction as per sanctioned plans . hence he is unable to obtain OC . 

2) dont buy apartment if building does not have OC 

3) it is always better to buy flat from builder share . 

3) if builder fails to obtain OC you cna drga builder to consumer forum to direct him to obtain OC as it is the builder responsibility 
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
1. In the instant case a building plan was approved by BDA which was not complied with by the builder for which no O.C. will be issued by BDA,

2. from the beginning the property is facing the problem invalidity which the builder is proposing to set right by taking various shortcuts,

3. Even your land owner is apprehensive about getting the approval for the deviated construction,

4. Possession of the flat is given to the buyer after the builder collects OC from the building plan approving authority like BDA in the instant case,

5. You are advised against buying the said property and if you are nt given the refund of the money paid by you, file a complaint case before the local District Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the amount paid by you with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
 The Builder says We cant get an OC for the property that is G+3 Construction. The reason being is a little deviation from the approved plan by BDA. Instead we get an E Khata by gram panchayat which after BBMP'S take over we shall get an A Khata. Will there be a problem now or later in future if I buy an apartment? 
It is naturally a big problem.  There is no guarantee to get A khatha in the future if the deviation is not in a state to regularise despite paying penalty. Without occupation certificate you will not be able to get many amenities of the government like electricity connection, water supply etc. You may not get a bank loan too if you dont have occupancy certificate  or A khatha.



The land papers are genuine. Will it affect the water supply and BESCOM (Electricity) Connection? How it will affect my stay for the rest of the time and the registration of the property?
How do you say that the land papers are genuine when there is no A khatha for the property?
Without OC, BESCOM services or water supply will be affected. 
Property can be registered with B khatha too but this will not entitle you for housing loan or all other facilities.



The CC had to be obtained by BDA but the khatas are issued by gram panchayat. As per the builders legal team, they say during the initial stages the CC was not applicable for the property but am concerned.I am buying the property from the landowner's share.
Khatha cannot be given by gram panchayat, it can be issued by BDA for rural areas and BBMP for urban  areas
The CC will not be approved by BDA if there is a gross violation in the construction.



Is there any other competent authority to issue the OC and any certificate similar to OC that proves the flat is ready for possession?
No, there cannot be more than one competent authority to grant OC/CC and also the Khatha.




Even the landowner is a bit concerned about this OC and CC. The property is to be handed over in April'15. Will the OC be given later during the time of possession? How do we define the term possession? i;e possession to landowner and to the customer? 
Is it April 2015 or april 2016? OC can be given at the time of possession of the property purchased.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Dear Sir/Madam, normally the builder can issued a possession certificate to handed over the property/site/flat in your custody through legal way. No problem at all in future if the builder can give the said possession certificate along with relevant documents to you for the ownership as well as possessor of the said property. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
1. It is a common misconception, due to relay of incorrect information by the builders, that low Rise G+3 or G+4 do not require Commencement Certificate Occupancy Certificate. If you enter possession without getting OC you will suffer the consequences in one form or another on a future date. You may not be able to get home loan or sell the property at the market price if you do not have OC. 

2. Bangalore Electricity Supply Company Limited (Bescom), acting on the directions from the Karnataka High Court, issued a circular making building completion or occupancy certificate mandatory for securing electricity connection. The circular states that “all the field officers are hereby directed to insist for (sic) occupancy certificate in addition to the existing formalities from the applicant availing power supply to their buildings.”
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

Ask a Lawyer

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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5222 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0