helen victor dsouza 12 November 2017

Flat Possession

I purchased a resale flat in an under construction building almost an year. The seller who booked the flat in 2014 has done all payments to the builder, except for some deposits to be made by me. The building's internal work is in progress and there is no water connection and OC. Since most owners are investors they have taken possession of the flats and given on rent. Few others have occupied owing to delay by builder. I don't intend to occupy without the completion of entire work and OC. I have sought information from the builder regarding the status of my flat and the OC by registered A/D letter, for which there is no reply. What is the next step as I am leaving on rent.

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8 Replies

G.L.N. Prasad (Retired employee.) 13 November 2017

You have not stated the contractual relationship between you and the builder as you were the purchaser of resale flat and do not have direct releationship with builder ?

Dr J C Vashista (Advocate) 14 November 2017

What is the problem in occupying the flat stated to have been under construction, which has already been occupied by some others?

helen victor dsouza 14 November 2017

Legally speaking on receipt of OC by the builder and on receipt of possession letter the flat is to b occupied. Others have occupied due to reasons mentioned above.

helen victor dsouza 14 November 2017

Legally speaking on receipt of OC by the builder and on receipt of possession letter the flat is to b occupied. Others have occupied due to reasons mentioned above.

helen victor dsouza 14 November 2017

Legally speaking on receipt of OC by the builder and on receipt of possession letter the flat is to b occupied. Others have occupied due to reasons mentioned above.

helen victor dsouza 14 November 2017

Legally speaking on receipt of OC by the builder and on receipt of possession letter the flat is to b occupied. Others have occupied due to reasons mentioned above.

helen victor dsouza 06 December 2017

As regards contractual relationship, builder has given an NOC to the original purchaser stating "you have purchased the abovementioned flat from our company vide sale agreement referred above. Hence, all the terms and conditions mentioned in the said agreement would be binding on the new purchaser". Is it advisable to occupy the flat as done by others?