Regarding oc

Kirankumar (Querist) 27 January 2017 This query is : Resolved
Hello sir good day.
I bought a row house in badlapur mumbai from a family in may 2015. As i m in merchant navy i was not available here as i gave POA to my wife for registration and all.
Now on 25th jan 2016 i sold my row to other person. Now he is asking me that i have not paid for the Occupancy certificate. Which i was not knowing . Even the person with who i bought the house he didnt pay for the OC AND DIDNT GOT IT.
pls suggest me what can i do. Can j collect the moneu for OC from previous Owner by any means ...like he cheated me by not giving the oc and there was agent between this even he didnt do anything at that time.
Pls i need help that how can i get this fees for OC FROM PREVIOIS OWNER SO THAT THE CURRENT OWNER SHUD NOT HAVE NAY PROBLEM

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Guest (Expert) 27 January 2017
I will explain to you

First Badlapur Comes under jurisdiction of Kulgao Badlapur Municipal Council.

When Construction is started Municipal Council Town Planing Dept gives permission to start construction which is called Commencement certificate

When Construction is over it gives completion certificate

When all things are in order they give Occupational certificate

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Most builder do illegal construction , etc.

So Builders avoid town planing office after construction is over. They pay bribe and get Municipal Property tax imposed on building , they also insert people in flats so building is not demolished etc.

Now in many cases flats which are legal builders avoid getting occupational certificate for them too reason if those town planing officer visit site they will ask for more bribe or they will start proceedings to demolish building.

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Solution

First try to check from your building Plan which was sanctioned , which is attached with commencement certificate. Whether your flat is legal or illegal

Second approach Town Planing office under Municipal Council and ask that officer process to get Part Occupational certificate for only your flat

Third around 15-20 documents are required to get part occupational certificates

When you submit all they come take measurement of your flat and if all is ok then give part occupational certificate

Fact is that part occupational certificate cost 500 documents cost 1000 max. but bribe amount can reach upto 50,000 this is true fact

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Since max. expenses is for payment of bribe to municipal officers so you can not recover from any thing.

Now if you want to save money I have solution

First do necessary home work whether your flat is legal etc.

Collect documents for that you need to pay some bribe

Third approach Anti - Corruption Bureau and Town Planing Dept. simultaneously try to get biggest bakra , and when you get main person who asked max. money with help of ACB get him caught

if Work is legal ACB will get the work done for you

Guest (Expert) 27 January 2017
Sorry I made small mistake Planing authority mostly for Badlapur is MMRDA , it comes under Ambernath, Kulgaon-Badlapur and Surrounding Notified Area

Planing authority uses same MRTP Act so all provision will be same. but you need to approach office of Ambernath , Kulgao Badlapur Surrounding NOtified Area office for Occupational Certificate

Rajendra K Goyal (Expert) 27 January 2017
Well advised, may proceed as guided by the expert Madhu.

Kirankumar (Querist) 27 January 2017
Thanks for your advice sir.and the suggestions its very helpful
I would like to say that actually its not a flat its a row house bungalow in badlapur west.
And the first owner didnt get the occupancy certificate and he didnt informed me about it.now when i sold this row house the current owner is asking me to pay for the OC and to get the certificate.
Can i ask the first owner if yes how cani do it legally

Kirankumar (Querist) 27 January 2017
Is it necessary to have the oc for row house. But if the house is sold why should i pay for that the current owner should pay right