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Nitin Dey (Officer)     08 April 2013

Occupation certificate

i have planned to purchase a flat on resale which is 20 years old in Dombivli, registered under DMC, but the seller party does not have any Occupation certificate,but possess share cretificate and ssociety is registered. what can be the problems I may have as i am planning to take a home loan and if any  other problems i might face. Is this building is legal? please repply as soon as possible.thanx.

Nitin Dey



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 7 Replies

sibojyoti chakrabarti (advocate)     11 April 2013

Dear,

          in that case you are required to enter into a sale deed between the vsociety and you and keeping the flat owner as a third party. the sale deed is compulsorily required to be registered, which will give you right, title and interest of the flat in question.

 

 

With Regards;

Sibojyoti Chakrabarti

EMAIL: sibo.chakrabarti@gmail.com

1 Like

Nitin Dey (Officer)     11 April 2013

Thanks for your prompt reply. Seller have a sale agreement, share certificate, society also registered and socity also have 7/12, construction permision certificate. but seller dont have sale deed. and maximum seller dont have sales deed, so plaese tell me is this property can i buy or no and one more thing all advocates tell property is legel. so plz reply me ASAP. Thanks and regards, Nitin Dey

Dipankar (Team Lead)     11 April 2013

Hi, i have booked an under construction apartment. Builder says it is A khata, however there will be no OC, my question is while registration i will be able to get a A Khata for my flat?What are other problems i might face due to no OC?

sibojyoti chakrabarti (advocate)     11 April 2013

Dear Dipankar,

                           Kindly tell me the meaning of  Khata, since i cannot understand the same. And without occupation certificate, it will be difficult to do registration and further you might face problems in future owning to right, title and interest i.e ownership in your name.

 

 

If you need any more advise or help feel free to contact me.
 
 
With Regards,
 
Sibojyoti Chakrabarti
 
ph    - (0)9883122412.
1 Like

Dipankar (Team Lead)     11 April 2013

Hi Sibojyoti, the property is in Bangalore and the property in the government records is called Khata. Most importantly when i enquired, seems most of the apartments here have an extra floor built by the builder due to which they dont get the OC.It is common practice in bangalore even with the reputed builders.

Not sure what is the process of getting the property registered in my name without OC.

 

Thanks

Dipankar

sibojyoti chakrabarti (advocate)     11 April 2013

Dear Dipankar,

                           Since you have said that the builder has informed you that the property is recorded in the records of Government, then I would suggest you to visit the Land Records/Revenue department and after due diligence kindly verify whether the property that you are planning to buy is recorded with the concerned department of state.

Further, I would also suggest you to visit the registration office within whose jurisdiction the property lies and from there you can verify from the registering officer that without an occupation certificate whether at all you can complete the process of registration of your flat.

 

              
If you need any more advise or help feel free to contact me.
 
 
With Regards,
 
Sibojyoti Chakrabarti
 
ph    - (0)9883122412.

Dipankar (Team Lead)     12 April 2013

Thanks Sibojyot for your response. However is it possible that i get assistance here from someone in bangalore as he would be knowing the local rules and also about A khata and B khata


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