• Splitting a flat into 2 flats

We have a flat in Mumbai city that is owned by father's HUF. There is a single share certificate for this flat. We want to separate this into 2 flats of roughly 1/3 and 2/3 of teh areas. The building has flats of this configuration on other floors, and we will split it similar to those flats. 

Is this possible? What are the permissions needed. And will the Society issue 2 separate certificates for the 2 flats. Will the 2 flats have a clean and marketable title?
Thanks.
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

1. this is possible

 

2. in the sanctioned building plans, the society building will be reflecting particular number of flats

 

3. as the split will result into 2 flats, the building plans will need to be amended

 

4. the amendment application can be made by an architect and submitted to BMC building proposal department

 

5. once the amendment is approved by BMC, an application can then be made to assessment and collection department of BMC to assess the two separated flats individually for property taxes and pass assessment order

 

6. you can then submit amendment order and assessment order to your society

 

6.a. alongwith the above all the members of HUF will have to execute a Deed of Partition for this particular flat wherein the HUF property will be partitioned between respective members. This Deed of Partition also needs to be submitted to society

6.b. then as agreed in partition deed, the members/parties thereto will execute release deeds on 200 stamp paper in favour of the beneficiary member for each flat. The release deeds can be registered

 

6.b. society may also require you to issue a public notice in local newspapers to invite objections against the mutual partition of the flat

 

7. once all the documents as above are submitted, the society will then have to convene a GBM of society members to pass resolution on this matter

 

8. once resolution is passed by society, duly signed and stamped by MC, the resolution can then be forwarded to District Deputy Registrar of Co-operative Societies with an application by society to give permission to issue 2 separate share certificates for the 2 new separated flats

 

9. you will have to surrender the existing share certificate to society

 

10. once the registrar passes an order, the society can proceed to issue 2 separate share certificates for the 2 new separated flats

 

11. i suggest before following all the above steps, it would be prudent to first make an application to society with a request to separate the flat into two units and for issue of separate share certificate for each

 

12. if society approves of the same by passing necessary resolution then you can proceed to do the steps as above and incur expenses for the same

 

13. the registered release deeds and share certificates will constitute title documents for both the new units

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Apply to muncipal corporation for permission for splitting one flat into two flats 

 

2) you would need society noc for splitting the flat into two flats 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No it's not permissible to lawfully alter a flat into two flats and claim two share certificates

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) If the layout structure of split flats on other floors are same in the building then you can have split flats accordingly.

 

2) Society should arrange split share certificate for you and get permission from registrar of Cooperative housing society.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Sir no hard wall can be constructed in flat or no alteration wothout due permission of the BMC. No society shall not issue two share certificate and there are least chances you get the permission.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the layout structure of split flats on other floors are same in the building then you can have split flats accordingly.

 

Since this is HUF property,   all the members of HUF will have to execute a Deed of Partition for this particular flat wherein the HUF property will be partitioned between respective members. This Deed of Partition also needs to be submitted to society.  After that as per partition deed, the members/parties thereto shall execute  registered release deeds  in favour of the beneficiary member for each flat. The release deeds are to be registered

The society may also advise you to issue a public notice in local newspapers for any objections against the proposed split of flat in a mutual partition of the flat

 

After all the documents are submitted, the society may convene a GM of society members to pass resolution on this matter and on the basis of the resolution the split of the flat as well as to furnish the two share certificates may be decided.

After the resolution is passed by society, it can be forwarded to The Registrar of Co-operative Societies with an application by society to permit to issue 2 separate share certificates for the 2 new separated flats.

 

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hello,

You have to take prior permission from CHS . And also a permission from  your corporation .

Regards.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

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