• Occupancy Certificate

Q.1 - I have finalised one flat in bangalore east,there are 2 phase of that plan. First phase is done and builder will handover in Feb2017. And as per builder's word,he will provide OC once second phase will over in mid 2018(will mention in agreement also).So should I go for this property? or how I can assure to get the OC in future.

Q.2 - What are basic norms to understand A khatha construction for home buyer? 

Regards
Ravi
Asked in Property Law from Bangalore, Karnataka
Religion: Hindu
If builder has obtained the Commencement Certificate at the time of laying of foundation in the said project, then you can be rest assured that the builder will provide Occupancy Certificate on completion of the construction in the said project.
In addition to the builder mentioning it in the sale and construction agreements, you can take an undertaking from the builder on his office letter head as well, signed only by the builder and not his authorized signatory or a third person.
If you want to ascertain if the property you are buying is A Katha then you will need to visit an advocate office in Bangalore to get the same validated.
Kiran N. Murthy
Advocate, Bangalore
831 Answers
62 Consultations

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Do not purchase a flat which does not have OC as nobody can tell whether the builder will be able to obtain OC or not. His word should not be taken on face value. You will have to make rounds of the courts for years if he does not obtain the OC.

Ashish Davessar
Advocate, Jaipur
19896 Answers
522 Consultations

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it is better to buy flat from builder after OC iss issued

2) OC would imply that flat has been constructed as per sanctioned plans 

3) never purchase under construction flat .

4) most builders delay delivery of possession as there is delay of over 2 years in completing constructions . in addition they fail tot obtain OC

5) BBMP will issue A khata only if construction is as per sanctioned plans 
Ajay Sethi
Advocate, Mumbai
28637 Answers
1555 Consultations

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The builder will promise many things at this stage because you have not become a buyer legally.  

He would make tall promises to lure you.

What is the phase I and phase II

What is it defining?

Are there two different locations where the builder is constructing flats?

If so, what is your concern with the other phase or set of flats that side?

Getting OC is not easy especially when the builder has violated the construction norms beyond the permitted extent.

Are you satisfied by the promise made by the builder that he will be able to complete the construction by due date i.e., Feb2017, did you inspect the site personally and verified all the relevant documents in this regard.

In my opinion, it is always better to get a legal opinion from an experienced lawyer in this regard before finalising the purchase.

As far as obtaining A khatha is concerned lot of formalities are to be observed including getting OC
T Kalaiselvan
Advocate, Vellore
18814 Answers
179 Consultations

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