Provisional occupational certificate
Ranjan
(Querist) 03 July 2014
This query is : Resolved
Dear Sir/Madam,
Due to recent order of NGT within 10 Km of Yamuna Bird Sanctuary, the Occupation Certificate (OC) for our flat is held up. The Builder has now suggested to give a Provisional OC. I would like to know the following :--
a) what is the legal value of such document
b)can i, as a buyer, move in the flat with such document ? will it invite wrath of NGT resulting in prosecution / penalty by the court ??
c) what are other related problems if one moves to flat w/o a proper OC ?
Dr J C Vashista
(Expert) 04 July 2014
Answer to your query:
a) what is the legal value of such document?
an academic question.
As the name/title of the document suggests it is a certificate issued for specified purpose for specific period.
b)can i, as a buyer, move in the flat with such document ? Yes, you may occupy.
will it invite wrath of NGT resulting in prosecution / penalty by the court ?? It cannot be predicted.
c) what are other related problems if one moves to flat w/o a proper OC ?
Engage a local lawyer.
Rajendra K Goyal
(Expert) 04 July 2014
Consult a local lawyer and discuss all aspects in view of the local law.
Better force the builder to arrange for the proper documents.
ajay sethi
(Expert) 04 July 2014
agree with DR Vashishta
malipeddi jaggarao
(Expert) 04 July 2014
I too agree with Dr.Vashista. Show all the papers to local lawyer and take his advice.
T. Kalaiselvan, Advocate
(Expert) 05 July 2014
The builder cannot give a provisional OC. the occupational certificate has to be given by the government authority. If there is an objection by NGT, you may have to wait until the material to the objection has been made good. There is no problem in registering the sale deed but for occupation of the flat, without the OC, it may become a problem in the future when the government refuses to issue due to persistent objections from NGT. Consult a local lawyer and take his further advise on the subject.
