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I have bought a residential flat from a reputed builder. Whenever I ask for the occupancy certificate, he is not giving it, telling some excuse. Kindly advise me regarding the course of action that I must take?

- by Naveen Kumar, Jayanagar

A builder is entitled to get Occupancy Certificate from the authorities only if the builder has constructed the apartment building as per the sanctioned plan. Now a days, builders with the idea of selling more space, deviate their construction from the original Sanction Plan and because of this reason the authorities do not issue Occupancy Certificate to the builders.

If the builder fails to provide you with occupancy certificate, at this stage, you have no other alternative other than to get an indemnity bond from the builder which will indemnify you against all losses on account of BDA’s demolition or penalty. The builder is legally responsible to compensate all your losses.


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.


Q:- I purchased a first floor flat from a promoter. From the second floor water is leading into my bathroom. Shall I ask the promoter to rectify the defect or the second floor owner? What is the remedy? Can I file a case against the promoter?

Q:- I have immovable properties in Mumbai, Bangalore which are let-out, now I require them for my business. Please inform me, in general, the grounds for eviction of my tenants?

Q:- This query is about undivided land in apartments building. What care should be taken above the undivided land while purchasing a flat? Should we register this also while purchasing the flat? Can we construct an independent house after the flats are demolished?

Q:- I am staying in a rented apartment. As per the terms of the rental agreement, I issued 3 month's notice to the landlord. The land¬lord says he cannot refund the security deposit till he finds a new tenant. He is suggesting me to vacate the apartment. If I vacate the apartment I may not get the deposit back. If I do not vacate he will go on adjusting the rent against the deposit, which I do not want. Please suggest a way out to solve the problem.

Q:- I have entered into an agreement to sell to buy a flat.  Now the builder insists that I pay service tax, sales tax, electricity and BWSSB charges, stamp duty, registration charges corpus fund for association which will be nearly 25% more than agreed flat rate.  Whether I am liable to pay all the charges or not kindly clarify.