• Partial completion certificate

Flat at behala, kolkata which was booked nearly 2.5  years back on 6th floor and being handed over shortly. Builder received partial completion certificate from KMC , wherein completion is claimed to have been given for my booked flat. Now the builder is asking me to get my booked flat registered finally with all due payment. He is mentioning that partial completion certificate is enough and not to consider anything regarding full/final CC . Will it be justified to register based of partial CC, If the builder does not obtain final/full  CC for the project , what will be the difficulties I may have to face.
Asked 7 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1)if partial building completion certificate has been issued for your floor  then you can register your sale deed  

2) if builder does not obtain full CC then society  have to move consumer forum against builder for deficiency in service  and seek orders to obtain cc for project 
Ajay Sethi
Advocate, Mumbai
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1. You can register the conveyance deed but it is illegal to occupy the property before the OC is granted by the competent authority.  You can be proceeded against by the municipal corporation for eviction if you occupy the building without OC. 

2. If the builder does not obtain OC then you may sue him for recovery of sale consideration of the property with compensation.
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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1) The partial Occupancy Certificate is issued subject to that when erection of the building is completed you will have  to apply for Occupancy Certificate. The partial occupancy certificate is valid for ........................................ . it would cease to be valid after period mentioned in the certifcate 

2) if builder does not obtain full completion certificate  it would imply that building has not been constructed as per sanctioned plans  and not fit for occupation 

Ajay Sethi
Advocate, Mumbai
23097 Answers
1212 Consultations
5.0 on 5.0
He is mentioning that partial completion certificate is enough and not to consider anything regarding full/final CC . Will it be justified to register based of partial CC, If the builder does not obtain final/full  CC for the project , what will be the difficulties I may have to face.

If the competent authorities are not satisfied fully or the construction is still pending in respect of other blocks of the same premise, a partial CC or OC can be issued.  You have to ensure that whether the flat you have been allotted is covered under the partial CC/OC, if yes, then you may proceed with the possession.  The partial CC/OC issued already will not be withdrawn by the authority until and unless there is any reason for that.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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 would like to how long  the partial completion certificate issued as per Kolkata municipal Building rules 2009 under rule 29 for my above flat will remain valid, whether the PCC as issued by Kol Municipal Corporation is final for my flat or its validity may cease after some time.

The partial CC means, the completed flats which have been found fit for occupation in that premise.  The full CC shall be granted only after the entire flats have been completed as per norms satisfying the procedures to be followed in this. This will remain valid fully, there is no limitation for it. Once full CC is granted this will merge with it.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
This part of question can be answered only by a Kolkata based lawyer,
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0

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