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Regarding occupation certificate.

(Querist) 15 May 2015 This query is : Resolved 
Dear Experts,

Am in negotiations with a builder for purchasing a house.

Its around 8 years old property.

They were granted full occupational certificate 5 years back in 2010, which says certain conditions should be met like 1). Society should be formed and registered 2). Conveyance should be given to the members.

Now the fact is that neither the society has been formed nor has the conveyance been given since the last 5 years since the Occupation certificate was granted though many members have bought flats in the building and are staying there.

I want to know that, is it safe to purchase property in such a society where the society has not been formed and the conveyance is also not given by the builder yet.

The builder says he's waiting for 70% of the property to be sold as only then a society can be formed and that will take another one year.

Thanks for spending time for reading my query and your expert advice.


ADV-JEEVAN PATIL, MUMBAI (Expert) 15 May 2015
Dinesh go ahead if OC is available n in ur budget. MOFA Act set out provisions for formation of SOC n Conveyance subject to sale of atleast 70% of flats. This is builders liability will not cause u. If u go ahead write /contact: jeevansci@yahoo.com or 9869400938 for detailed Consultation n execution
Rajendra K Goyal (Expert) 16 May 2015
Where the property is situated?
Consult local lawyer and show him all the documents.
T. Kalaiselvan, Advocate (Expert) 17 May 2015
It is always better to get a legal opinion from a civil lawyer before purchasing immovable assets out of the hard earned money so that the future litigation can be avoided, what is your idea?
malipeddi jaggarao (Expert) 19 May 2015
I agree with the advicve of expert MR.Jeevan Patil.


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