• Definition of self contained flat

The builder in mulund mumbai has given 2 agreements of a single flat with one in my name and the other has my daughter.,.But we have only one kitchen and 3 bathrooms for a 3 BHK flat.In the sale deed he has just shown a bifurcation as if it it is two flat but actually it is oneflat only. the electrical connection is also one only.
The mucipality recognise this as one flat and accordingly the property tax is charged. despite each so called flat has carpet area less than 500sqft no exemption of property tax given but consider has one single flat of 992 sqft and levy tax.
because of two agreements the society consider as two flats and pay double maintenance charge for 992 sqft whereas a2bhk 730sqft pays only once
he bifurcation done in the drawing shows kitchen in only one flat with one bedroom and other sale deed has no kitchen except rooms
definition of flat means it has to be self contained with kitchen and bath where as here it is not so. muncipality also consider this as one flat
inview of this can we legally claim that despite 2 agrrements it cannot be 2 flats since it has only one kitchen and no bifurcation within the flat right from the date of possession and therfore 2 agrreements will not make as 2 flats but it is only one selfcontained flat
Asked 2 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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10 Answers

Separate sale deeds have been executed for 2 flats 

 

2) you must be having separate share certificate for 2 flats 

 

3) they would be regarded as 2 flats and society’ can charge you maintenance for 2 flats 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

First you get the two sale deeds cancelled by executing a registered cancellation deeds.

After that you may combine both the flats to one flat and get a fresh sale deed registered  to avoid more complications not only now but also in future.

The builder will not do such things on his own, it should have been done only on your insistence, hence you get the thins rectified now itself  to avoid problems in future. 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1459 Consultations

5.0 on 5.0

you can make a complaint to Deputy Registrar of Co-operative Societies of your area, against your society.
In my opinion what your society was charging you two flat's maintenance all these was wrong, as in municipal records your one flat, as you were getting property tax bills for one.
Kindly do the works as stated above to redress your grievances.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
32 Consultations

4.5 on 5.0

Its not a self contained flat as per the information aforesaid shared by you. 

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

It seems that the two Apartments have been combined to make one unit and accordingly electrical connection has been taken and municipality has recognise this unit and one unit for the calculation of tax purpose since you have to registration documents in different names society should have to charge on the basis of their square feet area for both the flights charging based on the square feet area different if society is charging much more amount then you may complain to the registrar of societies and chits this is not acceptable the common area maintenance charges for the society at based on the square feet area of the  apartment maintenance cost of common area

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Just internally a bifurcating a flat into 2 would not mean that there are 2 flats

The main document to see over her is the sanctioned building plans

If the plans show the above 2 flats as one, then they have to be considered as a single unit only

Yusuf Rampurawala
Advocate, Mumbai
6818 Answers
73 Consultations

5.0 on 5.0

Yes, its single flat only and not two flats if the main door is one as per MCS act.

Ganesh Kadam
Advocate, Pune
12308 Answers
184 Consultations

4.9 on 5.0

1. Yes you can claim that it is only one flat and maintenance should not be charged for two flats. 

2. Send a legal notice to society for wrongly claiming double maintenance and claim refund of extra maintenance paid along with interest.

3. If society refuse to change maintenance charges and refund paid maintenance file suit against society in civil court. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

One sale deed was needed to execute in joint ownership of flat. 2 agreements for single, poor procedure.

It is single unit in joint ownership. Society demand is illegal.  Complain to registrar or stay from court.

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

This is my response to you:

1. You will have to show your building plan signed by the architect of the building;

2. Then you will have to show the registered index 2 of your sale agreement;

3. After verifying the same, then only an inference can be drawn if you are payable for one flat or two flat maintenance;

4. Consult a local lawyer, discuss full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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