Is Occupancy Certificate required for property registry ?

[aquaregia]

Dear Friends,

The news is abuzz that BPTP has given possession to a few people in P-block. I have some questions in this regard.

1) Whether proper registry / sale deed has been executed by BPTP in favour of these people ?

2) Whether the requirement of an Occupancy Certificate (OC) is a mandatory condition for property registry / sale deed ? Under what conditions can requirement of Occupancy Certificate be waived off ?

3) BPTP says that OC is NOT REQUIRED as the project is being developed under self-certification scheme. How far it is ture ? What is the meaning of this scheme and what effect does it have on the overall status of Park Elite Floors ? How does this scheme frees BPTP of its obligation to get an OC ?

4) Whether these people have been provided with the necessary copy of the OC by BPTP ? In case they have NOT been provided with OC, then how come they have been allowed to move into their flats by the authorities ?

5) What action the relevant authorities can take against such people and how can these people defend themselves in the event of such an action ?

Regards,
Vikas.

[mdtuli]

1. no information,registry can be done after occupying the flat,nothing illegal
2.oc is not mandatory for registration,oc can not be waived off under any circumstances
3.bptp reply is wrong
4.no copy of oc has been supplied,it is the duty of flat owner to occupy after obtaining oc from builder or from stp faridabad through rti

[umesh.prabhakar1965@rediffmail.com]

Vikas ji,

OC is the mandatory document required in order to get the CONVEYANCE DEED/ REGISTRY executed.

Kindly get the same checked through RTI whether Colonizer has obtained the OC for the captioned unit? If the colonizer has not obtained the OC and got the unit registered from the office of Sub Registrar. File a complaint against Sub Registrar and colonizer in the office of Deputy Commissioner in Faridabad.

There is no Self certification policy in existence for the colonizer.

Also in the absence of OC the conveyance deed/ registry is invalid.

Regards

Umesh Prabhakar

[aquaregia]

Tuli sir and Umesh ji,

I am totally confused ... both the replies are exactly opposite

Regards,

Vikas.

[miketest]

For plotted development, I don't think OC is required.

[umesh.prabhakar1965@rediffmail.com]

Vikas ji,

1. OC is not required in case of Plot.

2. OC is required in case of Independent Floor/ GH Project.
3. Without obtaining the Building Approval for Independent Floor/ Flat OC can not be obtained and area in Sq mtrs can not be measured at the time execution of Conveyance deed/ Registry.
4. In case of PLOT( bought it from HUDA/Private Colonizer) the owner takes a Possession and has to obtain the COMPLETION CERTIFICATE once completes the construction in the said PLOT.
5. MCF/ TCP are shooting notices( To obtain CC/OC for their floors) in the DLF/ Ashoka Enclave residents who have not obtained the OC/CC and have got registry executed in their favor. And the builder is out of scene at this point of time. Even Financial Institutions/ Bakers are not funding to the Floors( In the resale case) who do not possess the OC/CC now.

6. There is slightest difference while registering the Plot and the Independent Floor. While registering a Plot the Sub Registrar takes a consideration of the size of a plot where no construction has taken place. Whereas in case of Registering an Independent Floor the Sub Registrar has to undertake the PERMISSIBLE AREA( Duly approved by Town & country Planning department).
7. The maximum permissible constructive area( in case of independent floor) is 145% till a plot size of 209 sq meter.
8. The maximum permissible constructive area( in case of independent floor) is 100% after the plot size is 209 sq meter.
In both the above cases maxim 10% is permissible( beyond 145% or 100%) but with a heavy penalty which i am 100% sure builder will not have a courage to pay at his own cost.

If i sum up to the above statement Conveyance deed/registry can be executed( As the STATE is filling the coffers with Revenue) without obtaining OC/CC but the structure will be considered as UNAUTHORIZED until obtained OC/CC.

Regards

Umesh Kumar Prabhakar

[aquaregia]

Thanks Umesh ji, very good explanation.

regards,

vikas

[naveenarichwal]

registration-bluff-in-park-elite-floor-t1794.html
In This Link , approx 10 Families have already shifted in P Block of Park Ellite Floors and registry has been done. As per your information this is Illegal occupation.

[umesh.prabhakar1965@rediffmail.com]

Naveen ji,

I am not sure whether an OC has been obtained by the colonizer? But to the best of my information colonizer has not obtained the appropriate OC from Town & Country department. Hence the possession and the Registry/conveyance is ILLEGITIMATE in nature.

Once complained to Town & Country department about the possessions the concerned officer is empowered to seal the unit.

This is for the information.

Regards

Umesh Prabhakar

[kchauhan]

5. MCF/ TCP are shooting notices( To obtain CC/OC for their floors) in the DLF/ Ashoka Enclave residents who have not obtained the OC/CC and have got registry executed in their favor.

Umesh Ji,

Do you know someone who has received notice to obtain CC/OC for their floors in Ashoka Enclave? Were residents charged any penalty for the same?

Thanks

[umesh.prabhakar1965@rediffmail.com]

Dear Friend,
In fact notices have been issued by MCF as the area is taken care by MCF only. Therefore all the activities like charging penalties/ granting OC are carried by MCF.

This is for your information.

Regards

Umesh Prabhakar

[Hemant]

Dear All,

BPTP has recently sold their residual inventory of Flats and Floors. All Banks (National or Private) are ready to sanction loan. Should we presume that OC for these Projects ( Princess Park and Elaite Floor) is now available.

[naveenarichwal]

If the Builder has got OC they ususally show it to its flat Buyers, so contact the Marketing office of BPTP and ask them to show the OC copy.

If they donot show than RTI is the Only answer to get the OC of any Project.