• Two flats - single registration and sale deed but twice maintenance

Hello,

I am from Pune and staying in an apartment condominium since past 13 years. I purchased 2 flats (2BHK each) from builder during construction (2003). I have single registration document for both the flats. Before taking the possession from builder asked him for minor changes internally like single entry door for the flat, no second kitchen, etc. I stay in this premise as a single family and from municipality the property tax bill is single i.e. on my name only. I also have single sale deed document. 

In our apartment the maintenance charge is calculated based on units and not on square feet area. Since past 13 years I am asked to pay double the maintenance charge due to 2 flat occupancy. Recently on KANOON.COM I read the information that if one has a single sale deed document then legally the entire flat area is to be considered as single unit only.

I would like to reconfirm this understanding specifically in my case as detailed above. If my premise is to be considered as a single unit then I should be paying only single unit maintenance charge.

If the above is understanding is supported as per latest laws then please guide me of further actions that I should take.

Regards
Suraj Tamboli
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

You have purchased 2 flats but for convenience sake both flats have been joined together

2) even if builder has executed single sale deed you would be liable to pay maintenance for 2 flats separately is justified

3) stand of society that you should pay separately maintenance for 2 flats

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1. While submitting the construction plan for sanction before the Municipal Corporation, was it shown as single flat or two different flats?

2. If you have two separate flats purchased through one sale deed wherein the schedule of both the flats have been detailed which you have converted to one single unit by modifying the sanction plan, then the society will charge maintenance from you for two flats and not one apartment.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Since there is a single sale deed and also there is one property tax bill the property has to be considered a single unit. It is wrong on the part of the association or society to charge maintenance for two units.

2. You may, henceforth, pay maintenance for a single unit. If the society serves a notice of demand to you for the other unit then you may file a suit for mandatory injunction.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Whether there were two sale agreements and finally a single registration combining two sale agreements of two flats?

If so then it may treated as single flat itself, but if the master plan show two units, then the society is justified in its maintenance claim for two flats. However the title would be for a single unit and not for two units.

There is no specific law, to impose restriction on this or to allow the claim by the society because it again depends on the interpretation from each side justifying their claims.

You may engage the services of a skilled lawyer to confront the litigation in this regard by presenting your own interpretation on the basis of the facts and the circumstances that prevail.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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