1. It's not only the oc, cc and A khata, to be looked into but also one should check the title of the property, before going ahead.
2. Please get the property papers evaluated by any Lawyer, before going ahead.
Is A khata flat without oc and cc Bangalore safe
There is this builder who is selling flats in his 4 year old apartment complex . According to him the land as well as the flat has A khata but does not have oc and cc due to some deviations. My question is, is it a safe option to buy such flats ?
Asked 3 years ago in Property Law
Religion: Hindu
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12 Answers
It depends on deviations, if the deviation is more than 20 per cent then they have to demolished and corrected. If less than 20 per cent that will be regularized by paying penalty. Only if flat is on floor that is not sanctioned, there is threat of total demolition. Check the sanctioned plan and decide. Apart from you need check the following…
- Approved sanction plan from bmc. Check for any major violations like unauthorized floor.
- Title deed of owner of land. (original)
- Agreement between owner of builder. (registered)
- Real Estate (Regulation and Development) Act, 2016 registration if registered under the Act.
- Encumbrance certificate from SRO to know previous transactions if any.
- If the transaction through GPA, the original gpa.
- If the flat is owner share/builder share check building agreement .
- Prepare a sale deed and take signature of both owner and builder before sro.
Don’t purchase the flat if builder has not obtained OC
2) the building has not been completed as per sanctioned plans
Dear Sir
It is not advisable to buy a flat without an Occupancy certificate or a Completion Certificate.
There may be some issue with the construction and it may be in violation with the sanctioned plans.
If you do decide to go ahead and buy this flat, you should definitely have the title deed and all other documents properly inspected to make sure that there is nothing problematic about the flat.
Thank you
- Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.
- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.
- Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given a water connection and are charged a higher property tax.
- Hence, in the absence of an Occupancy Letter, you should not purchase the flat even having A khata .
- Further, as per RERA,, A builder cannot give possession to buyers without OC
Further , Completion certificate is a legal document, that certifies the fact that a building has been constructed in line with construction norms, and it is mandatory to have water and electricity connection in the building.
- Hence in the absence of CC, you cannot get the water and electricity connection legally.
'A' khata is not an authority to regularise or waive the deviations that is observed in the construction.
The builder cannot take shelter under 'A' khata route to justify his non compliance to obtain OC or CC.
If the authorities find that the deviation is beyond permissible limit, then the competent authority may even pass orders for demolition of the building built contrary to the approved plans.
Whatever the reason be, you may obtain a proper legal opinion from a local lawyer before buying the property
It's safe but without oc is not a good title. The builder member needs to get oc for better title and legalities
Thank you for your responses. The builder/owner is giving the following response. Look forward to your advice. DONT WORRY ITS NOT A BIG ISSUE, AS IT IS, THIS A LEGALLY SANCTIONED FLOOR UNIT : BDA A KHATHA WITH PROPER INDIVIDUAL PID NUMBER : ALREADY COMPUTER PROCESSED IN REGISTER OFFICE. IN THIS SPECIAL ZONAL BDA AREA. AND YOU CAN CLARIFY WITH YOUR LAWYER OR THE BUILDERS LAWYER ALSO, MR. KARTHIK WILL GUIDE YOU IN THIS MATTER ALSO, IF WANT TO PROCEED TO SEAL THE SALE DEAL. OK.. FINALLY : THIS PRESENT STATUS OF LEGAL PAPER WORKS WITH PID NUMBER IS ITSELF IS OC& CC, & INFACT MORE STRONGER THAN EVER , AS ITS A COMPLETED READY TO MOVEIN PROPERTY. ALL PAPERS PROCESSED IN THE CONCERNED GOVNT. OFFICE RECORDS PERMANENTLY.SO, YOU PLEASE DO THE 3 STEP PROCESS, YOU CAN INTERACT WITH KARTHIK SIR AGAIN & THE BUILDERS LAWYER ALSO ,THEY WILL GUIDE YOU PROPERLY
Asked 3 years ago
Contact the builder lawyer but buy flat only after OC is issued
Dear Sir
You can wait till you hear from the people mentioned in the response above and submit the mentioned paper works to an advocate for his opinion.
However it is advisable to purchase the flat only after the OC becomes available.
Thank you
See as per the regulations its illegal to reside in any building without oc. But builders sell and people stay. Being in legal point of you oc is essential to legally take possession of any flat.
The builder will appear to be very cooperative with the buyer before purchasing the property, however he may not show interest to your queries in this regard once the property has been registered to your name and possession handed over.
Therefore it is up to you to either accept the promises made by the builder who is still giving an evasive reply.
The A Khata is not OC or CC.
If the builder had deviated the construction, it will be very difficult for him to procure OC or CC from the authorities concerned.
You have been explained about the adverse effects for the properties without OC, hence you can use your prudence whether to go ahead with the purchase or to postpone the same until the builder is really procuring the same as promised by him.
- As I mentioned above OC is mandatory ,and other documents cannot replace it .
- Take help from a local lawyer.