• Maintenance charges charged for 2 units

Sir , 
 I have 2 rooms with one agreement copy from builder of 1974 aprox. which was gifted to me by the first owners ( my father and my uncle) for which I had pd. Stamp duty and Registration charges in 2011.
Now the prob is BMC is charging me as ,Single unit and charging me for flat as above 500 sq feet. Which is much more than that of single flat owners in that area. And society charging me for 2 units.. Now as I have 2 units with one agg. with ONE SHARE certificate ..Can soc charge for 2 units in my case. 
Pl suggest. 
Also my neighbour has given on rent his 1 unit room to 2 licensees 1st licencee ground and mezzanine to 2nd licencee to which soc. Is objecting.. can soc charge for 2 l&l aggmts or only one or can object to giving L&L to 2 licencees. They say they don't have objection if given to one party.. 
Pl suggest
Thank you Sir..
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1. If the share certificate is one then society can not charge for two units.

2.So lodge a complaint with the registrar of ssociety

3.On receipt of the complaint the registrar would adjudicate the dispute between you two and if no result is made then file writ petition.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) if they are 2 separate units society can charge you maintenance for 2 units

2) if one unit had been given for leave and licence society can charge you for one unit

3) it is better both ground and mezzanine be given to one person only

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

If they are 2 separate units society can charge you separately for 2units

2) it is immaterial that builder has for sale purposes made one agreement for the 2 units

3) if building sanctioned plans show one unit then society can charge you for only one unit

4) builder may have joined 2 units and made one door but society can charge for 2 units

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. The test is not whether there is one agreement for 2 units. There can be a single agreement for as many as 100 units. You can be charged separately only if they are two distinct and separate units. The sanctioned plan alone can throw light on whether they are two separate units or not.

2. You can file a complaint to the registrar of societies who will determine the controversy.

3. Consult a lawyer with the sanctioned plan.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

A judgement by court on this aspect is given below for your information:

Two separate agreements to purchase a flat having two separate numbers do not mean that they are two residential units

• Friday, September 25, 2009, 1:50

Merely because the assessee has entered jointly with two separate agreements to purchase a duplex flat having two separate numbers does not mean that they are two residential units.

CASE LAW DETAILS

Decided by: ITAT, MUMBAI BENCH `E’ : MUMBAI, In The case of: Suresh C. Sadarangani v. ACIT ,Appeal No.: ITA No. 953/Mum/08 ,

Decided on: August 27, 2009

RELEVENT PARAGRAPH

10. The relevant provisions of section 23(2),(3) and (4) read as under:

Annual value how determined.

23(1) … …. …..

(a) …. .… ….

(b) …. …. ….

(c) …. …. ….

Provision …. ….

Explanation …. …..

(2) Where the property consists of a house or part of a house which —-

(a) is in the occupation of the owner for the purpose of his own residence; or

(b) cannot actually be occupied by the owner by reason of the fact that owing to his employment, business or profession carried on at any other place, he has to reside at that other place in a building not belonging to him, the annual value of such house or part of the house shall be taken to be nil.

(3) The provisions of sub-section (2) shall not apply if ——-

(a) the house or part of the house is actually let during the whole or any part of the previous year; or

(b) any other benefit therefrom is derived by the owner.

(4) Where the property referred to in sub-section (2) consists of more than one house –

(a) The provisions of that sub-section shall apply only in respect of one of such houses, which the assessee may, at his option, specify in this behalf;

(b) The annual value of the house or houses, other than the house in respect of which the assessee has exercised an option under clause (a), shall be determined under sub-section (1) as if such house or houses has been let.

11. A perusal of the above provisions show that the word `property’ has been used by the legislature in a wider sense so as to include more than one house. However, the right to compute the ALV at nil in respect of self occupied property is restricted to one house even thought he property owned by the assessee may consist of more than one house. Section 23(2)(a) permits the assessee to compute the ALC of self occupied property at Nil provided (i) the property must be in the occupation of the owner, (ii) the occupation of the owner must be for the purpose of his own residence (iii) it is not let during any part of the accounting year and (iv) no other benefit therefrom is derived by the owner. However, section 23(4)(a) clearly reveals that where the property owned by the assessee consists of more than one house, then the owner is entitled to the benefit of clause 23(2) in respect of one such residential house, to be chosen by him. Section 23(4)(b) provides that annual value of the house or houses other than the house in respect of which the assessee has exercised an option under clause(a) shall be determined under sub-section (1)as if such house or house had been let.

17. Applying he above provisions in the light of the ratio of the above decisions to the facts of the present case we are of the view that as per floor plan of the property a duplex flat No. 18B and 19B, one above the other and connected with internal staircase having one kitchen was jointly purchased by the assessee and his wife having equal ownership, and was occupied by assessee and his wife a single duplex flat for self occupation and also assessed by the society as one owner of the flats and was not let out during the year, hence, the house falls under the provisions of section 23(2)(a) of the Act. merely because the assessee has entered jointly with two separate agreements to purchase the above duplex flat having two separate numbers does not mean that they are two residential units. Accordingly the value of the property is liable to be taken at Nil. In this view of the matter the addition of Rs. 5,15,274/- made by the Assessing Officer and sustained by the Id. CIT(A) is deleted. The ground taken by the assessee is, therefore, allowed.

Hope the above throws some light to your query.

However in my opinion, if there is a single agreement for two units, the society can consider them as a single unit only.

You can take up the matter through the cooperative court if the society is reluctant to listen to your pleas.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

CAN soc. Charge me for 2 units for which I have one aggmt., one door, one Light bill/meter , only ONE Share certificate , one mantainance bill for both units named as (maint. for Room 3/4) and BMC charging me as one unit with higher rate ,as I am exceeding 500 sq. ft..

BMC charging for One Unit & for same area /flat ..

Soc. charging for 2 units

WHO IS WRONG BMC or soc. Pl elaborate

BMC is the authority competent to decide on the issue because single door number was allotted by BMC considering both the units as a single unit.

Therefore the society's designs may be challenged legally based on the BMC's stand and position on this issue.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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