NITIN MEHROTRA (manager) 08 December 2014

Flat possession without completion certificate

Builders in NOIDA are offering provisional possession of flats without completion certificate from NOIDA because of ban on issue of completion certificate due to NGT issue . in this case sub lease deed cannot be executed with NOIDA.my builder is also planning to do same to get final balance payment. people in other society in the locality have started moving in their flats by making balance payment and without sub lease deed.What should I do on receipt of possession letter. CLAUSE 19(HOLDING CHARGES) OF MY AGREEMENT MENTIONS "THAT NO POSSESSION OF THE FLAT SHALL BE HANDED OVER UNLESS THE SUB LEASE DEED OF THE SAME HAS BEEN DULY EXECUTED BETWEEN NOIDA, THE COMPANY AND THE ALLOTTEE" If I go ahead with payment of balance amount the builder will get his balance payment and also avert further late penalty and will also start levying maintenance charge @Rs 2.25 psf +service tax. will I be able to rent out the flat not registered in my name?

Reply Follow

1 Replies

GUDAKESH KUMAR (LAW OFFICER) 30 July 2015

Possession offered to you is without completion certificate (cc) issued to the building. Hence the building has no legal santity till the issue of CC. Also without CC sub-lease deed will not be registered as per UP Apartment Ownership Act, 2010. Also the flat in a building cannot be used for residence without CC.

without registry of sub-lease deed title of the flat will not be transfered and you will not be the owner. How will you rent a flat which as on date i.e. without registry, title is not in your name and you are not the owner.