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Param (Software)     19 January 2015

Indemnity clause for occupancy certificate

Hi,

Can I have an indemnity clause for the issuance of OC?

I see below one as a standard indemnity clause, my question is, can we have a specific clause regarding the OC?

"Whereas the SELLER and DEVELOPER hereby indemnifies and shall keep the PURCHASER or his successors-in-title fully indemnified against any loss or liability cost or claims, action or proceedings, if any should arise, at any time in future against him owing to any defect in or for want of clear and marketable title or due to any defect, violation or non-compliance of any of the declarations or covenants herein."

Expectations:
I am seeing a flat in an apartment which has a deviations (Penthouse & Facilities & two extra unit). The builder has an updated plan and planning to get the approval of the same.  However, the process for it has been yet to start. However, the builder promises in getting OC and agrees to put a clause in sale agreement. But I read the sale agreement won't be valid once a property has been registered, only the sale deed will come into picture after the registration. So, how can one can shield from the builders OC commitment.

 

Thanks

 

 

 



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