your flats would be treated as 2 flats as separate agreement has been entered into by builder
2) society can charge you separate maintenance for the 2 flats
One flat - two agreements (i.e. two sale deeds), one single unit for property tax
In our building there are certain flats sold by the builder as 2 Bedroom Hall kitchen flats, However, the agreements are two - one showing a one Bedroom Hall Kitchen flat and the other showing a one Room Kitchen flat. Right from the time the possession was given, there was only one single flat with one kitchen and one power connection with one meter. Some of the flats have a single entry door meaning thereby that the two flats shown in the two separate sale deeds could have been accessed only after entering through the single entry door. And most importantly the Property Tax Assessment statement also shows a single unit. As you are surely aware, the Model bye-laws for Housing societies defines a flat as a self-contained set of premises and does not make any reference to the number of sale deeds and plans. In the circumstances, we would like to know whether our flats should be treated as one single flat or two flats each for purposes of apportioning of common society expenses which need to be shared on a per-flat basis?
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
Dear Sir,
Merging of Two Flats (in whatsoever manner) is classified as "amalgamation", which is a punishable offence with penalty /imprisonment, under the BMC Laws
" Structural Audit Of Society Buildings " An Excellent article by Expert Mr.Hemant Agarwal Could be Read by typing " Merger of two flats as per BMC guidelines " in Google.
Hello,
The same will be treated as one flat and the maintenance will be given by you for the one flat which you are acquiring.
Regards
It will depens on the share certificate issued. If there is a single share certificate it will be a single flat
Warm greetings!
When Agreements are 2 separately registered for a same unit and with 2 different owners it's not considered as single unit; it's treated as 2 different flats!!
- As per the model bye-laws of Housing Society, society charges will be in proportion to the combined area of the two flats or as a single unit.
Just because the 2 flats are shown as one unit in the sale deed and also in the property tax assessment bill, does not mean the sanctioned building plans in which the flats are shown as two separate and independent units, would also change
Meaning thereby that the maintenance will be charged on both the flats despite the same being combined into a single unit coz the sanctioned building plans still show the 2 flats as 2 flats only and not as one single unit
The fact that there is a single entry or only one kitchen etc would not change the situation
Had the maintenance been charged on area basis, it would not even matter whether the flats are one or two flats. Also charging on area basis is itself illegal except property taxes
Here the society is fairly charging on flat basis and not on area basis and on that too there is a dispute being raised!
Also please note that even if the property tax is charged for single unit but the calculation thereof considers the area of the premises
If flat has been layout as one flat and has one single door than it will be treated as a one flat. Because maintenance is counted on sq ft wise.
1. IF the property is shown as "one" unit in the BMC records, THEN legally it would constitute one unit, one share certificate, one maintenance bill, one vote (without any further exceptions or references of law).
See if there is one entry and in property tax receipts also it is single unit then in that case it shall be considered as single unit only the society may charge maintenance as per the area of the unit.
consult a local property lawyer and discuss full facts.
for maintenance of society flat will be considered as single unit.
but for purpose of sale two separate sales deed will be used as done by builder for selling the flat.
Legally speaking when there are two kitchens, they may be termed as two separate flats only.
However if all others who have been allotted with two flats but they have combined them into one and pay maintenance for only one flat, you may also follow the same line, let the society come to a conclusion about this in a general body meeting after an unanimous resolution is passed in the meeting on this.
