Builder offer possession before receiving completion certificate, asks payment

Tilak Marg Forum for Legal Questions Forums Others Builder offer possession before receiving completion certificate, asks payment

Viewing 1 reply thread
  • Author
    Posts
    • #2506
      Anonymous
      Guest

      I had purchased a flat in a under-construction building. The building construction is completed and finishing is going on. The builder is yet to get completion certificate and occupation certificate from the Govt authorities. But he has already sent me an offer to occupy the flat by taking possession and is also asking for the payment of the final installment which was to be paid to him on possession. What should I do?

    • #2510

      You have not mentioned as to what are the terms of your agreement with the builder. Does it mention payment of the final instalment after the builder getting occupancy certificate / completion certificate from the authorities and then giving possession? If yes, you should not pay the final instalment to the builder unless he obtains these certificates from the authorities. There have been many cases wherein builders had given possession of the flats without getting occupancy certificate etc. from the authorities and thereafter the flat owners faced many difficulties. So, you must check the terms of the agreement.

      Of course, if the builder is permitting you to take possession without payment of the final instalment and if you are in hurry to take possession (may be to save rent from the current house) then it may be a different thing, since you can get the finishing done in your presence and also get benefit of early possession. But, it is for you to decide, subject to legalities.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

Viewing 1 reply thread
  • The forum ‘Others’ is closed to new Questions and replies.