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Possession Letter Legality

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Urban Development

What is the Legality iinvolved in the Possession Letter which are being issued by the Builders .

Can A resident can occupy the Apartments, if Possession Letter is issued by the Builders.

Is there any time limit to occupy the Apartment, since issue and receipt of the Possession Letter.

Otherway, Is it Legal to occupy the Flats without occupancy Certificate ?

Is there any time limit to get the Occupancy Certificate from the Authorities.

Is a Builder move out from the construction site without getting the Occupancy Certificate ?

Whom should we approach to know whether the Occupancy Certificate is applied by the Builder or not ?

In the Agreement for Sale , the delay clause can it be claimed up to the date of getting the occupancy certificate ?

If there any power vested to any Government Agency and if yes who can issue notice to vacate the occupants under what grounds ?

 

The reply would throw an Eye Opener to many Apartment Owners.

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Sumana's picture

I too need this info... please help....

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I come to know that, builder need to apply for the same to Government Agency and they will issue it after verification. If there is no issue not sure why builder does not get for the building they have constructed?

-Sumana.

murali772's picture

answers attempted

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Let me try to answer these questions to the best of my knowledge ( I am not a lawyer).
 
What is the Legality iinvolved in the Possession Letter which are being issued by the Builders .

A possession certificate alone is of no use. The sale deed of the flat (more correctly, the undivided share of land pertaining to the same) has to be registered in your name with the jurisdictional sub-registrar, alongwith the 'deed of declaration' as per the Karnataka Apartment Ownership Act (KAOA). With the execution of the 'Deed of Declaration', the entire property gets transferred to the Owners' Association, the constitution of which is also the responsibility of the builder, as per KAOA.

Can A resident can occupy the Apartments, if Possession Letter is issued by the Builders.

Yes

Is there any time limit to occupy the Apartment, since issue and receipt of the Possession Letter.

No, as long as the maintenance charges are being paid.

Otherway, Is it Legal to occupy the Flats without occupancy Certificate ?

It is illegal to issue a possession certificate without an Occupancy Certificate.

Is there any time limit to get the Occupancy Certificate from the Authorities.

It depends on the completion of the job (of course, the Authorities will have to be "taken care of"). The proposed Real Estate Bill talks about penalties if a builder defaults on his timelines.

Is a Builder move out from the construction site without getting the Occupancy Certificate ?

Obviously not.

Whom should we approach to know whether the Occupancy Certificate is applied by the Builder or not ?

The sanctioned plan, which you would have studied before contracting to buy an apartment, will tell you who the competent authority is - BBMP largely.

In the Agreement for Sale , the delay clause can it be claimed up to the date of getting the occupancy certificate ?

Yes, though the infirmities in the KAOA, make enforcement difficult.

If there any power vested to any Government Agency and if yes who can issue notice to vacate the occupants under what grounds ?

If a building has not been accorded the Occupancy Certificate, the Competent Authority can issue notices to occupants to vacate.

PS: If anybody knows better, please do comment. This is like a Wiki exercise.

Muralidhar Rao
Sumana's picture

IF Builder is not providing the OC after construction Completion

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What the owners / owners association can do about this? OC is with respect to the building not for the campus I think. So, once the building is completed the Builder must be giving the OC I think. Can someone comment?

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