There are 2 1RK flats as per BMC plan but agreement is made as for 1 single unit of 2BHK by the builder with owner. Also OC is not received but CC is there. Society is also formed and there is single share certificate as per society. There is only one BMC plan which says it is two units. final layout of the fkats remains the same, only there is small change in internal sctructure, i.e. doors. Kindly advise, will original agreement made by owner and builder remains valid. Can this flat be purchased? is there any way out to rectify and buy the same.
You can make a single agreement to sell 2 different flats but selling 2 different flats as one is not possible because there will be 2 different revenue records in the municipal based on the plan of the building.
Ask the builder to make a amalgamation of the 2 flats and give one Khata (Revenue record) to show the exact measurement of the flat as one unit.
OC for the flat is must before sale of the flat.
If as per BMC plan there are 2 one room kitchen flats then separate agreement should ha ve been entered by builder for the said flats
2) further no OC has been issued by BMC
3) don’t purchase the flat as title is not clear and marketable
4) construction had been carried on contrary to sanctioned plans
Since the amalgamation of the two flats into 1 by the builder, does not affects the structural design of the building and since the final layout remains unaffected, you may go ahead with this purchase.
The agreement is valid and this flat can be purchased.
Ideally the BMC sanctioned plan is legally valid document explaining the exact structure of your establishment. In your case the agreement is for one single unit. This is technical and procedural lacuna. If you have possession of the flat then no issues but you will always pay taxes of 2 units as single unit. While sale in future the prospective buyer can raise the said querry. I don't think there is any rectification now.
Hello,
I would not advise you to purchase the same for the reason that there is no OC issued by the appropriate authority.
Also, because two different units have been merged and that just one share certificate is being issued by the society.
Regards
1. No. There are two nos. flats having 1 BHK each as per sanctioned BMC Plan.
2. There is no existence of 1 no. 2BHK flat as per the said BMC Plan.
3. There should have been two sale deeds and two nos. share certificates issued to the buyer of the said two flats.
4. While amalgamating the two flats by removing the sharing walls can be accepted but buying the flat as a 2BHK flat in place of 2 nos. 1BHK Flat as per the NMC sanction, is disputable and can attract problem later on for which it will be wise to avoid buying the said flat..
1) You can buy/ purchased it , if builder has sold it as one unit and secondly it has one door for entrance. Than it will be treated as one flat and for maintenance will be given for one flat.
2) the builder and first owner agreements remain valid if it has one door for entrance.
3) Rectification means in what sense you have to make it change..Please clarify.
Dear Client,
If in BMC plan record, there`s 2 1 BHK flat, than 2 flats address (eg. 21A & 21B 0r 21 and 22) with separate entity.
Build 2 main doors on same wall with distance of calculated area of 1 flat, name succeeding door with 2nd address.
OR check if merger of flat is permissible in BMC plan.
1. BMC plan provides for 2 1RK flats. It could not have been registered as a single unit 2 BHK flat. 2 separate sale deeds ought to have been executed and separate share certificates were to be issued to the respective buyers.
2. If you buy the two flats as a single unit 2 BHK flat then the title will not be clear and marketable in your hands. Better avoid buying it.
1. BMC layout plan is final for all legitimate purposes. Any contravention in internal layout plan would amount to amalagamation under MRTP Act.
2. One single Agreement can be made for even 10 Flats, subject to not violating the Stamp Duty Act and the Registration Act. Similarly one Share Certificate of Society can be issued for 10 Flats (which actually is invalid and not in the overall interest of the Society).
3. HOWEVER, during subsequent probable sale, Agreement can be made for single unit and Stamp Duty and Registration charges to be paid invididually AND to correspond appropriately in the Society records.
4. Consequent to above, said property can be legally Sold /Purchased.
Keep Smiling .... Hemant Agarwal
If the original agreement is for the single unit, then how come there would be two units?
It may not be legally valid structure
The civic authorities may demolish the second unit if it has been constructed without approval.
What is the builder charging for, whether single unit or for two units.
You may collect the copies of the relevant documents and refer the same before a local advocate, seek his opinion in person or can scan the copies and send to an advocate of this forum, have a proper legal opinion and then decide about buying this property.
Hi. Thank you very much for the kind and prompt reply. I have analysed BMC plan which says it is 2 flats of 1RK. The combined measurement matches with 2BHK flat as mentioned in the agreement. Also BMC receipt to the society gives details of 1 flat only in the annexure attached of total area. I am eager to buy this as there is no gross default in FSI or designing structure of the building. Could you suggest me the way to regularize this so that I get my title clear? I am also getting bank loan on this property. There is no fault in structural design of this flat. Beams and pillars are intact. Only one wall in between divides this flat into two as per BMC plan which does not exist partly.
many builder tend to show 2 flats on paper but join the flats at time of sale
2)the agreement should have been made for 2 separate 1RK flats instead of one agreement
3) ask the seller to regularise it with BMC
You have not mentioned about the opinion of a local lawyer after scrutinising the relevant documents.
if it is a two unit purchase then you may have to register both the units separately and may combine both of them together as one unit, however the taxes shall be paid to two units.
If they are two units then you cannot buy them as a single unit, you have to get both of the by separate registered sale deeds.
You may verify the details and also the law to regularise them if it is possible.
1. Kindly prefer to RE-READ my suggestions, "once again" this time more S-L-O-W-L-Y, for answers to all related questions.
2. No point in spending hard-earned money for illegal work, more so when 100% legitimate Flats are available, with peace of mind. Regularization for the illegalities is a tedious and expensive and not worth it.
Keep Smiling .... Hemant Agarwal
1. The flat, in its present structure, has not been sanctioned by BMC.
2. BMC receipt giving details of 1 flat does not legitimise the unauthorised amalgamation of two flats in to one.
3. The ideal solution for you shall be to ask the builder to apply for and avail sanction for an amendment plan showing amalgamation of the two flats in to one.
1) you want to buy one flat or both combined flats. Go as per BMC receipt of 1 flat. That will save your maintenance cost in future on monthly basis.
To regularise it you should consult a local lawyer as only a local lawyer would be aware of the procedure.