Legal ownership of flats without OCs possible in GB Nagar

By Praveen Dwivedi
Photo: Samrat Roy
Posted: Dec 21, 2018

Amid growing complaints regarding possessions of flats given by the developers without obtaining required Occupation Certificates (OC) from concerning authorities in Gautam Budh Nagar, the district administration has come up with a sub-lease agreement process to resolve the issue.

However, the homebuyers called it just a temporary resolution.

Under the agreement of sub-lease, the buyers will have to pay stamp duty as per the existing circle rates even if possession of flats were given without getting OC.

The idea is that even if the occupation of flats were given without following the proper procedure of registration violating UP Apartment Act, the flat owners will be able to pay the full stamp duty as per the existing circle rates.

After this agreement, the buyers will get legal ownership of the flat but they will not be able to sell their flats until the OC is obtained by the developer.

Flat buyers said that even though they will be able to pay full stamp duty of their flats as per this agreement, it won’t be considered as final registration until the developers get OC from the authority.

“It won’t be a relief for flat owners because it would be a temporary registry. They will not get relief until the authority provides OC to the developers,” said Shweta Bharti, a resident of Antariksh Apartment who is also a member of NEFOWA.

She further added, “Most of the societies do not have OC because of non-payment of authorities’ dues. Many societies are lacking even basic facilities and residents are paying maintenance charges. This whole idea is to collect revenue from the residents. It may be beneficial for developers and the government but not for the flat owners.”

However, as per the report, the administration was of the view that it would be beneficial for builders, flat buyers and for the authorities as well. As per the records in Gautam Budh Nagar district, more than 50,000 flat buyers have got possession of their flats and waiting for registration for many years.

This issue has emerged after some reports that builders were found giving possession of flats without obtaining OC from the authorities.

The flat buyers have also alleged that the government is working like a corporate. The government is giving a clean chit to builders to handover flats without completing even basic facilities in the societies.

“It is government’s clear-cut tactics to maximise its revenue. We opposed this policy because it will not fulfil flat buyers’ requirements. Buyers are already in trouble and the government, instead of giving a permanent solution, is trying to divert attention from core issues,” said Indresh Gupta, another member of NEFOWA.

Gupta also told City Spidey that NEFOWA (Noida Extension Flat Owners Association) will write a letter to the Uttar Pradesh chief minister on this matter.

TAGS: Registration of flats without OCs / Sub-lease agreement in GB Nagar / Registration of flats in GB Nagar / GB Nagar news