Court Judgment File With Possession Without Occupancy Certificate

State:
Multi-State
Control #:
US-02686BG
Format:
Word; 
Rich Text
Instant download

Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


" the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;

" the presence of material issues of fact;

" the presence of a meritorious defense to the claim;

" the significance of the interests at stake, including, but not limited to, the amount of money involved;

" whether the failure to answer was intentional or willful or the result of conscious indifference;

" whether party or counsel bears responsibility for default; and

" the availability of less drastic sanctions.

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  • Preview Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint
  • Preview Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint
  • Preview Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint

How to fill out Motion To Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ Of Garnishment, And For Leave To File An Answer To Complaint?

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FAQ

Obtaining an Occupancy Certificate is important before moving into a place to eliminate the risk of lawful eviction and demolition. Without an OC, the municipal corporation does not supply the house with water, electricity, and sanitation connections.

Documents required to obtain a possession certificate online TamilNadu: Sale deed agreement copy. Registered sale agreement copy. Applicant's identity and signature proof. Copy of encumbrance certificate. Scanned copy of lease cum sale deed. Scanned copy of Photo Identification Proof and address proof. Aadhaar card.

In the absence of a valid OC, the local municipal body can initiate serious action against flat owners. If buyers are not careful about getting the OC, they may face the following repercussions: In the absence of a valid OC, your building can be demolished as it can be classified as an unauthorised structure.

SUPREME COURT OBSERVES THAT THE BUILDER OUGHT TO PROVIDE THE COMPLETION CERTIFICATE EVEN WHEN THE POSSESSION IS ALREADY TAKEN BY THE OWNER. A Two Judge Bench of the Supreme Court presided by Justice S. Ravindra Bhat and Justice Dipankar Datta passed a Judgment dated 09.02. 2023 in the case of Debashis Sinha & Ors.

If you wish to sell or hypothecate the property after a lapse of time, you will not be able to do so without a valid OC. The water connection, sanitary connection or electricity supply can be disconnected in the absence of an OC. However in Mumbai, 56000 buildings lack OC as per 2017 reports.

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Court Judgment File With Possession Without Occupancy Certificate