Can a builder issue offer of possession before receiving completion certificate?
varun sharma
(Querist) 19 July 2016
This query is : Resolved
Hi,
I bought an under-construction property in Greater Noida. The property is built in two phases and my flat is part of phase 1.
The builder sent an offer of possession demanding final payment while it has not yet received partial completion certification from the authority.
I dont want to pay final dues till the completion certificate is there. What legal rights do I have?
Guest
(Expert) 20 July 2016
There is a difference between non-formal and formal physical possession. Some builders use tactics to allow the allottees to reside without getting completion certificate. There is no harm in getting non-formal possession to fulfill your immediate housing need, as you would be able to get the remaining items completed early in your presence. But don't make final payment if completion certificte has not been taken by the builder from the authorities. You may therefore insist upon completion certificate before payment of final installment.
