• Two agreements for single flat - maintenance charges

We have executed 2 agreement for single flat. Now society is saying you have 2 agreement hence need to pay double maintenance charges ? where as builder has provide single unit only , we have not made any changes .

Request your guidance how to counter society on this as per law.... have read some judgement of high court that 2 agreements does not means 2 units ( 2009 - Judgement - matter was for income tax )

Paying double maintenance charges for single unit is against nature's law . Discrimination of law as well

please guide
Asked 7 days ago in Property Law from Thane, Maharashtra
Religion: Hindu
1. What is the reason for 2 agreement of single flat? 
Kindly clarify the aforementioned question for a concrete advise 

Regards
Anilesh Tewari
Advocate, New Delhi
11837 Answers
153 Consultations

5.0 on 5.0

2 agreement ? 
Whether its 2 sale deed or agreement to sale and sale deed ?
Well, whatever it is, Maintenance charges on flat, not on agreement avoid the demand or complain to registrar.
Yogendra Singh Rajawat
Advocate, Jaipur
5755 Answers
4 Consultations

4.7 on 5.0

Just because 2 agreements are registered, it would be improper to charge double maintainence from the flat owner u can specifically oppose this fact in general meeting 

and the Laws based on discrimination and logic the process of charging same maintainence from the members irrespective of their area of usage was flawed one at that small unit should have opposed it .
even though 2 agreement r executed but on share certificate it is shown as single unit charging double maintainence is quite absurd 
It is advisable for u to hire a good lawyer the approach of society is not right
Mohammed Mujeeb
Advocate, Hyderabad
2034 Answers
1 Consultation

4.8 on 5.0

You are not liable to pay double maintenance 

2) you have bought only one flat from builder hence maintenance is payable for one flat only 

3) refuse to bow down to society unreasonable demands 

4) let society take legal proceedings if it so desires
Ajay Sethi
Advocate, Mumbai
52012 Answers
3099 Consultations

5.0 on 5.0

1. society's demand is clearly illegal

2. the 2 agreements pertain to the same unit

3. maintenance charges are for the unit and NOT for the number of agreements for that unit

4. i assume these 2 agreements are made by builder whereby in both of them the allottees will be having 1/2 equal share in the SAME flat

5. if the society's logic is to be accepted then say if there are 5 members in a family and each one of them have a separate agreement for 1/5th share in the flat, then can the society say that 5 times maintenance charges will have to be paid?

6. the society's demand is illegal as well as illogical and senseless

7. just send them the maintenance per unit by money order 

8. if they dont accept it, it is at their peril. You comply with your obligation of paying the maintenance

9. if society takes any legal action for their senseless demand, they will miserably fail
Yusuf Rampurawala
Advocate, Mumbai
2052 Answers
6 Consultations

5.0 on 5.0

Hi, maintanace is fixed per unit not per agreement or owners .. It is advisable to file a civil suit for permanent injuction in court to obtain stay order on the directions issued by the society
Hemant Chaudhary
Advocate, Gurgaon
3717 Answers
16 Consultations

4.9 on 5.0

1. How can there be two agreement for sale or sale deed for one single Unit?

2. Were the said agreement for sale or sale deed pertained to two different units which were merged together by removing the walls?

3. If the two sale agreements or sale deeds are for the same unit then the last one registered shall be taken in to consideration as per law.

4. If those are for two separate Units merged together, then the said merged Unit will be considered as two units for the purpose of claiming maintenance.
Krishna Kishore Ganguly
Advocate, Kolkata
20127 Answers
496 Consultations

5.0 on 5.0

Sir you do not have to pay 2 maintenances as the maintenance is either levied area of flat or as per member since there is one unit only the owner shall be member through that one u it only so no applicability of two maintenance if society stake such claim.file a consumer complaint against society for malpractice to take money.
Shubham Jhajharia
Advocate, Ahmedabad
7444 Answers
22 Consultations

5.0 on 5.0

1) You have to pay only for single unit if builder has provided you single unit and in layout plan sanctioned by TMC is also single unit than no need to pay double maintenance charges.
Ganesh Kadam
Advocate, Pune
3844 Answers
23 Consultations

5.0 on 5.0

What was the necessity for two sale deed if it was a single unit?

Have you purchased two units and combined it into a single unit?

If they are two flats as per approved construction plan, then the society is right in charging maintenance for two flats, however you may write to society stating the facts that it is combined flat and only single family is staying hence the charges shall be applicable for single flat only.
T Kalaiselvan
Advocate, Vellore
42350 Answers
460 Consultations

5.0 on 5.0

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