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lexbery (d)     20 March 2013

Registery of flat without completion certificate before 31st

i have purchased a new flat in a complex which consists of 5 similar building of G+4,subsequently the builder was allowed to make 1 more floor on 4 of these building in 2012,my flat is in the building which is in between of two building in which floor increase was allowed,in my building floor increase has not yet been allowed and the builder has completed all construction till g+4 with roof,and says we shall do floor increase when we get permission.i have the floor plan of 2010 of our building which mentions a building complex of g+4.

 
now my problem is my flat is on the 4th floor of the said building in which floor increase has not been allowed but the building on either side are of g+5.,the builder has got completion certification till the 3rd floor of my building and completion certificate of all other buildings.
 
he is telling us to register our flat,without completion certificate as their is no work pending in the complex and says completion certificate will be given in few months,all this by 31st march as new rate will be applicable from 1st April 2013,i have paid 95% payment as per schedule.
 
so i want to ask is

1. has he done more construction (used up all Floor area,by adding 1 extra floor in other building)and so my floor has now become illegal?

2,why is he not getting completion certification of 4th floor,can i safety do regisrty of my flat without completion certificate and possession certificate of the flat?,the builder says he shall make a deed in that way.


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 1 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     20 March 2013

well getting BCC and OC takes time. if you have the sanctioned layout of your building in which yur floor is shown then you would not be in problem.

Kindly ensure that the wordings in sale deed covers this aspect. you may take a legal opinion of the advocate by showing the draft sale deed before signing. The Advocate shall verify the contents of the sale deed and shall guide you incase any modification or addition is required in the sale deed.

 

You need to protect your interest as the stakes are high for you.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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