• Property has no CC but has OC from Gram Panchayat

Hi 

I recently purchased a 2bhk in parnali Village, Boisar West, Maharashtra. 

1. The developer has provided me with No Objection Certificate which states that they don't have any objection over owners occupying the building. Can this No Objection certificate be termed as Occupancy Certificate.

2.Also the developer says there is no need for completion certificate in Gram panchayat areas. Is this true. I know for sure that he has not complied with certain in house measurements as per approved plan. Is Boisar already a under Municipality limits.

3. I have already taken possession, will this prejudice legal course of action. 

It would be helpful if you could clarify above points.
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) no objection certificate from builder is not an occupation certificate 

2) OC is issued when building has been completed as per sanctioned plans 

3) file an RTI with gram panchayat as to whether building has been completed as per sanctioned plans 

4) we are not aware whether Boisar falls within muncipal limits or not 
Ajay Sethi
Advocate, Mumbai
29949 Answers
1624 Consultations

5.0 on 5.0

1) If OC has been issued by gram panchayat it would imply that building has been completed as per sanctioned plans 


2)your building would not fall within muncipal limits 
Ajay Sethi
Advocate, Mumbai
29949 Answers
1624 Consultations

5.0 on 5.0

OC is given only by the civic authority and not the developer/builder. The NOC given by the developer cannot be treated as OC. 
Ashish Davessar
Advocate, Jaipur
20091 Answers
531 Consultations

5.0 on 5.0

It is true that in certain gram panchayats there is no requirement of OC. A local lawyer will be able to guide you properly as the local rules prevailing in your part of country will not be known to me.
Ashish Davessar
Advocate, Jaipur
20091 Answers
531 Consultations

5.0 on 5.0

1. The developer has provided me with No Objection Certificate which states that they don't have any objection over owners occupying the building. Can this No Objection certificate be termed as Occupancy Certificate.

This NOC cannot be termed as OC.  The OC can be given only by competent authority and not by builder.



2.Also the developer says there is no need for completion certificate in Gram panchayat areas. Is this true. I know for sure that he has not complied with certain in house measurements as per approved plan. Is Boisar already a under Municipality limits.

The gram panchayat is not empowered to issue CC or OC.  Since your area is falling within Municipal limits, the municipal authorities only can issue OC as per provisions of law in this regard.





3. I have already taken possession, will this prejudice legal course of action. 

If you have taken possession insist on occupation certificate from builder who has to provide it by obtaining the same from authority competent to issue this.
T Kalaiselvan
Advocate, Vellore
20120 Answers
196 Consultations

5.0 on 5.0

I forgot to mention that the OC is given by Gram Panchayat and not the developer.

NOC issued gram panchayat cannot be termed as occupation certificate or completion certificate.  If the property comes under the limit of gram panchayat, the OC shall be issued by the town and country planning department after due verification and confirmation of all the aspects involved in it. 
T Kalaiselvan
Advocate, Vellore
20120 Answers
196 Consultations

5.0 on 5.0

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