• Occupancy Certificate and original documents - apartment related

I have three questions. Could you please provide your valuable advice?

1) I'm the resident of Hyderabad City owning 2 BHK Flat. I got the possession 6 months back. We have formed an association and registered under A.P Societies act 2001. We have not been given occupancy certificate from the builder. When we asked this to him, he said he is in the process of getting it and would give it to us after few days. Its more than 6 months now and he is procrastinating. Is there a way to put some pressure on him legally to get me the occupancy certificate? Can you please let us know the legal steps that can be taken, if the builder fails to provide occupancy certificate for an apartment. Please advise?

2) My apartment has 30 flats (Builder's share/Land owner's share- 70%:30%) out of which 26 have been sold and 4 are vacant. When the association asked the builder for the land and permission documents, he said he cannot give those to association because there are still 4 more flats to be sold. Those 4 vacant flats are land owner's share not the builders share. Builder has sold all his flats. We are not sure if the builder is correct ? Should the association wait until all the flats are sold before getting all the original documents from builder and land owner ? Please advise?

3) My apartment has 30 flats (Builder's share/Land owner's share- 70%:30%) out of which 26 have been sold and 4 are vacant. When the association asked the builder for the land and permission documents, he said he cannot give those to association because there are still 4 more flats to be sold. Those 4 vacant flats are land owner's share not the builders share. Builder has sold all his flats. We are not sure if the builder is correct? Should the association wait until all the flats are sold before getting all the original documents from builder and land owner? Please advise?

Thank you in advance.
Asked 3 years ago in Property Law from Hyderabad, Andhra Pradesh
move consumer forum to direct builder to obtain OC from municipal corporation . builder is bound to obtain occupation certificate . in fact flat owners cannot take possession of flats until OC is issued 

ask for certified copies of documents till completion of sale and originals after all all flats are sold
Ajay Sethi
Advocate, Mumbai
26207 Answers
1425 Consultations
5.0 on 5.0
Above advise is in order,go by it.
Anil Gupta
Delhi
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
4.3 on 5.0
Approach consumer forum to legally compel the builder to obtain OC from corporation, failing which possession cannot be obtained.
Ashish Davessar
Advocate, Jaipur
19256 Answers
487 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
16576 Answers
153 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
26207 Answers
1425 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19256 Answers
487 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13232 Answers
281 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6511 Answers
72 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3015 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
948 Answers
64 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1994 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1353 Answers
93 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1283 Answers
66 Consultations
5.0 on 5.0