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Khan   05 October 2016

Resgistration of society without completion certificate & oc

Sir,

We have a newly built complex under Thane Municipality Jurisdiction.  The Complex is more than 2 years old (3 buildings of 2 wing / 8 floor each + One 20 Floor Tower). Now builder is asking us to get the society registered. But the none of the buildings are having Completion Certificate and Occupancy Certificate.

Builder is promising that O.C. will be available soon, but let the society formation been done.

But we came to know that still he has not got the Completion certificate for any of the buildings. So how will he get O.C. soon.

In this scenario will the registration of society is advantageous or is of disadvantage.

Please advise.



Learning

 5 Replies

adv.bharat @ PUNE (Lawyer)     05 October 2016

Society can be registered with out OC or CC.

Under such circumstances if builder is ready to form society then society is formed.

U will be always benefited if society is formed.

If u appreciate my answer then will you give THANKS on my LCI profile.

Khan   06 October 2016

But as law says without OC occupying the flat is illegal. Won't we be in more fault after registration of society.

(Guest)

Mr. Khan,

Getting Flat from builder is most important thing. If you go by formalities and rule and if he don't give flat to you for occupying you are in more trouble , because you have invested money , you may have taken loan , you have to pay EMI etc. and no property in your hand . First take possession without thinking much , go and occupy it. 

Second thing Society formation is done under Co-operative society act. 

As per Maharashtra flat ownership act , Builder require to form society when he get enough no. to form society so he is doing proper by forming society.

Once society is formed keep on insisting for CC and OC , rather society formation will benefit you a lot because all flat purchaser are legally united against any problem and you or no one is not alone fighting builder.

After occupying flat then if builder don't take step finally you approach town planing dept and get CC and OC 

There are so many building in Thane City people took OC after occuyping it for 20 years. but remeber if you don't get flat then what you will be in trouble no one else. Bulder has removed his investment 

 

Khan   13 October 2016

Dear Kind Advocates Thank you for your kind advise. We all have taken the possession of flats. Infact complex is fully occupied. What we feel that builder is in hurry to exit hence suggesting formation of society. And after it he will just disappear. Hence we don't want to register the society without CC n OC. Is our fear is uncalled for? Or Registering the society will benefit in total? Thank you once again.

Khan   13 October 2016

Dear Kind Advocates Thank you for your kind advise. We all have taken the possession of flats. Infact complex is fully occupied. What we feel that builder is in hurry to exit hence suggesting formation of society. And after it he will just disappear. Hence we don't want to register the society without CC n OC. Is our fear is uncalled for? Or Registering the society will benefit in total? Thank you once again.

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