• 50 year old building in South Mumbai with no OC doc - buying a flat there

Hi, I am intending to buy a flat in a building in South Mumbai which is 50 yrs old. Society has recently carried out lot of renovations and upgraded the building. There are more than 100 flats in the building. On checking with society for OC copy, I came to know that it does not have OC doc. I am being told that 9/10 buildings of those age do not have OC as it was not stringent at that time. On reading blogs and few press releases I came across that BMC had passed some amnesty scheme to regularize buildings built prior to 1991. My question - 
1) Can there be in problem for not having OC for building of that age, there is water, electricity everything ?
2) Is it ok to buy flat there knowing 100+ flats are occupied since decades, society is formed etc ? 
3) Is the building considered deemed regular due to age or regular under such amnesty scheme ? 
4) Does bank also considers such fact and sanction home or mortgage loan ?
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

4 Answers

Around 50 per cent of buildings in Mumbai don’t have OC 

 

2) Since the building does not have an OC, it is not recognised by the fire brigade.you have to pay higher property taxes 

 

3) The Brihanmumbai Municipal Corporation (BMC) can prosecute the residents for unauthorised occupation, but only courts can decide their fate, which means the residents can stay until a verdict comes in

 

4) don’t purchase the flat 

 

5) it is not considered regularised due to age 

 

6) banks generally are reluctant to sanction loan for purchase of flats in building without OC 

Ajay Sethi
Advocate, Mumbai
96715 Answers
7797 Consultations

You can buy

Many do that and live in such buildings without any problems

However some banks may not sanction home loan

The building also cannot be termed as deemed regular 

There are many buildings in Mumbai without an OC which have the essential services like water and electricity in place

Though under law it is illegal to occupy a building without OC but in many cases the Municipal Corporation takes no action and things move on like that for decades

Yusuf Rampurawala
Advocate, Mumbai
7658 Answers
79 Consultations

1) There is no problem in buying the flat without OC.

2) Yes, okay to buy as society is formed and you can suggest to society body to get OC regularised it meanwhile.

3) You need to check with flat owner whether deemed conveyance is done or not otherwise that too can be get by applying to state government as there is scheme going on by State govt.

4) For such a old building Bank do not sanctioned loan or mortgage, once building is passed 40 years above.

Ganesh Kadam
Advocate, Pune
12986 Answers
262 Consultations

1. Generally without OC no amenity service would be provided,  I.e., electricity and water supply etc.

Since the flat is having all the facilities you may obtain a legal opinion from a local lawyer and proceed if recommended. 

2. In my opinion there should not be any problem especially if a registered society is functioning under which this flat falls. 

3. You may obtain a legal opinion about this aspect too.

4. The bank may consider various factors to sanction the loan to satisfy its requirements/conditions. 

 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer