Before the bank's single sale certificate covering both flats, you say that there are separate chains of title-documents in respect of each flat. As there are two individual, independent flats, these can be sold separately and not necessarily together. Please get the agreements of sale/ sale deeds drafted by a competent advocate, comply with the society's formalities and execute the necessary documents.

Request bank do execute deed of rectification 

legally split the single combined property into two distinct units (Flat 1101 and Flat 1102), referencing the original Bank Sale Deed. 

2) Sub-Registrars rely on iSarita software in Maharashtra and will flag a mismatch if the property identifier being sold does not perfectly match the identifier in your acquiring Index-II.

3) Once the titles are split into two distinct sets of Index-II documents, you can comfortably proceed with executing two separate Sale Agreements for the incoming buyer

Your lawyer can draft and execute two separate, concurrent Sale Agreements (one for Flat 1101 and one for Flat 1102) directly to the buyer.  

2) recitals of both new agreements, It must state that the seller acquired both properties collectively via a single Auction Sale Deed (the Mother Deed), but is now conveying the individual, distinct entities (demarcated by their separate society share certificates and electric meters) separately.

You can legally execute and register two separate Sale Deeds / Agreements for the buyer based on your single, combined Bank Sale Deed. The fact that you purchased both units under a single, combined auction sale deed does not "merge" the properties into a single legal entity forever. They remain two distinct physical and administrative assets (Flat 1101 and Flat 1102), as evidenced by your individual society share certificates, separate electricity bills, and separate maintenance chains.

You may draft two distinct sale agreements/sale deeds, Agreement 1 (for Flat 1101) and Agreement 2 (for Flat 1102). Each document must specify the distinct flat number, its exact boundaries, its specific share certificate number, and its assigned Undivided Share (UDS) of the land.

You can present both deeds for registration at the Sub-Registrar's Office (SRO).The SRO will calculate the stamp duty and registration charges individually based on the market value (ready reckoner/circle rate) or the actual consideration value of each separate flat.Once registered, the buyer will receive two distinct Index-II documents, one for Flat 1101 and one for Flat 1102.

If the buyer is buying both flats simultaneously (even with two separate home loans), the financing bank(s) will handle the original document. If it's a single bank funding both loans, they will keep the original in one file and a certified copy in the other. If the buyer is using two different banks, the primary bank will hold the original, and a formal, notarized "Deed of Covenant for Production of Documents" will be executed, ensuring the second bank has legal access to the original title copy when needed.

Request two separate clear-clearance and transfer NOCs from the housing society office for Flat 1101 and Flat 1102.

With the assistance of an experienced lawyer in the local draft two separate Sale Agreements, making explicit cross-reference to your single parent Bank Auction Deed in the recitals of both. Provide a copy of the draft agreements to the buyer's home loan bank(s) to ensure their legal cell approves the "Deed of Covenant" for the shared original document.

When you say that the flats were 'merged' by the previous owner, don't they exist as separate, individual and independent units anymore? Are there no separate, exclusive accesses to each flat? Please clarify.

Since the previous owner merged the properties physically and financially to secure a single large loan, the bank only seized and sold what was on their books: a single "amalgamated" security. They will not execute a rectification deed because, to them, there is no clerical error to rectify the single unit description was intentional.

Since you cannot involve the bank, you do not need a Rectification Deed. A rectification deed requires the original seller's signature anyway.  Hence you do not need to alter your parent Bank Sale Deed to sell the flats separately. You can legally split the property at the time of conveying it to the incoming buyer.

Your lawyer will draft two separate Sale Deeds for the new buyer (Deed 1 for Flat 1101, Deed 2 for Flat 1102).

In both deeds, under the history of the property, your lawyer will explicitly explain the mismatch to the Sub-Registrar and the buyer's bank. The text should read like this:

"Whereas the Vendor herein acquired Flat No. 1101 and Flat No. 1102 via a single Bank Auction Sale Deed dated [Date]... And whereas the said properties were treated as a single unit by the Bank due to a prior financial amalgamation... And whereas physically and administratively they continue to hold separate identities via distinct Society Share Certificates, separate electricity meters, and separate maintenance assessments... The Vendor is now conveying the absolute individual title of Flat No. 1101/1102 separately..

If the incoming buyer's bank is not willing to accept your two sale deeds, you can obtain a confirmation letter as you already have two separate share certificates and separate maintenance bills, request a formal Letter of Status Confirmation from the housing society's management committee. The letter should explicitly state that Flat 1101 and Flat 1102 are recognized by the society as two independent structural units, with independent voting rights and separate maintenance liabilities.

Have your lawyer draft the two independent sale deeds with an airtight "Recital" explaining the background. Share these drafts with the buyer’s bank's legal team immediately. In 90% of cases, a clear, transparent recital backed by individual society share certificates is more than enough to satisfy a title clearance report.

Since the previous owner merged the properties physically and financially to secure a single large loan, the bank only seized and sold what was on their books: a single "amalgamated" security. They will not execute a rectification deed because, to them, there is no clerical error to rectify the single unit description was intentional.

Since you cannot involve the bank, you do not need a Rectification Deed. A rectification deed requires the original seller's signature anyway.  Hence you do not need to alter your parent Bank Sale Deed to sell the flats separately. You can legally split the property at the time of conveying it to the incoming buyer.

Your lawyer will draft two separate Sale Deeds for the new buyer (Deed 1 for Flat 1101, Deed 2 for Flat 1102).

In both deeds, under the history of the property, your lawyer will explicitly explain the mismatch to the Sub-Registrar and the buyer's bank. The text should read like this:

"Whereas the Vendor herein acquired Flat No. 1101 and Flat No. 1102 via a single Bank Auction Sale Deed dated [Date]... And whereas the said properties were treated as a single unit by the Bank due to a prior financial amalgamation... And whereas physically and administratively they continue to hold separate identities via distinct Society Share Certificates, separate electricity meters, and separate maintenance assessments... The Vendor is now conveying the absolute individual title of Flat No. 1101/1102 separately..

If the incoming buyer's bank is not willing to accept your two sale deeds, you can obtain a confirmation letter as you already have two separate share certificates and separate maintenance bills, request a formal Letter of Status Confirmation from the housing society's management committee. The letter should explicitly state that Flat 1101 and Flat 1102 are recognized by the society as two independent structural units, with independent voting rights and separate maintenance liabilities.

Have your lawyer draft the two independent sale deeds with an airtight "Recital" explaining the background. Share these drafts with the buyer’s bank's legal team immediately. In 90% of cases, a clear, transparent recital backed by individual society share certificates is more than enough to satisfy a title clearance report.

You can legally execute 2 separate sale deeds with the buyer 

The historical birth of the 2 flats was as separate flats for which there are separate chain documents 

Just due to an intervening bank auction sale in which the 2 flats were sold as a single unit, will not change the original identity of the 2 flats as separate units. This is supported by the fact that there are 2 separate share certificates. Had there been a merger the 2 separate share certificates would have to be surrendered to the society in lieu of a single share certificate for the 2 units recognizing them as a single unit 

In the society records the 2 flats are still separate independent units 

So I don't see any impediment in executing 2 separate sale deeds 

Based on the additional facts provided by you, the absence of the bank's participation does not necessarily make the transaction impossible, but it does make the process more nuanced.

The key issue is that your title presently flows from a single registered auction sale deed and a single Index-II covering both Flat No. 1101 and Flat No. 1102. Therefore, from a title perspective, you presently own the two flats as a combined property under one conveyance. However, the underlying identity of the flats has not disappeared. You still have separate historical chain documents, separate society share certificates, separate electricity connections, separate maintenance records and separate flat numbers.

In such circumstances, the practical question is whether the flats were legally amalgamated into a single unit or merely used together as a single residence by the previous owner. If there was no approved amalgamation sanctioned by the municipal authority and society, and the society continues to recognize them as two separate flats with separate share certificates and separate maintenance accounts, then there is a strong argument that they continue to exist as two independent units notwithstanding the combined auction conveyance.

If that is the factual position, one possible approach is for you to execute two separate sale deeds in favour of the purchaser, one relating to Flat No. 1101 and the other relating to Flat No. 1102, while specifically reciting in both documents that your title originates from the single bank auction sale deed under which both flats were purchased together. Each deed should contain cross-references to the other deed and to the common parent title document. Many Sub-Registrars in Maharashtra have accepted such transactions where a single parent deed covers multiple identifiable units.

However, before proceeding, it is advisable to obtain:

1. A society letter confirming that Flat No. 1101 and Flat No. 1102 continue to be separately identifiable units.

2. Confirmation regarding separate share certificates.

3. Confirmation that there is no approved permanent amalgamation recorded with the society or municipal authorities.

4. A title certificate from a local property lawyer after reviewing the auction deed and society records.

If, on the other hand, the previous owner had formally amalgamated the flats through sanctioned plans and municipal approvals and the combined unit is presently recognized as a single property, then executing two independent sale deeds may create title complications. In that situation, the safer route may be to first obtain de-amalgamation approvals before resale.

Since the bank is unwilling or unable to execute a rectification deed, I would not consider that fatal. The more important question is how the property presently exists in municipal and society records. If the flats continue to retain their separate identity in those records, the combined auction deed can usually be treated as the common root title from which two separate conveyances are subsequently derived.

Therefore, the first document I would examine is the society's records and share certificates. If the society still recognizes Flat No. 1101 and Flat No. 1102 as distinct units, there is a reasonable legal basis to structure the resale through two separate registered conveyances without requiring the bank's participation, provided the documents are carefully drafted and the title chain is clearly explained.

Dear Sir/Madam,

If both flats are still separately identifiable in society/municipal records, you can execute two separate sale deeds, each mentioning your single bank auction sale deed as the source of title.
However, if the flats were legally merged and treated as one unit, then two separate agreements may create objection from the registrar/buyer’s bank.
The safer route is to first get society confirmation/NOC and separate schedules for Flat 1101 and 1102, then proceed with two registered deeds.
If separation is not accepted, execute one sale deed with two flat schedules.

Consult a local property lawyer with the title papers, society records and sanctioned plan before registration.

Advocate Saurabh Agrawal

Yes it can be done. The fact that the bank executed one composite Sale Certificate/Sale Deed and only one Index-II was generated does not by itself amount to a legal amalgamation or merger of the two flats. The bank merely transferred its right, title and interest in both units through a single instrument for convenience.

If the bank has categorically refused to execute a Deed of Rectification, you may still execute two separate Sale Deeds in favour of the purchaser, one for Flat No. 1101 and another for Flat No. 1102, provided your title document specifically conveys ownership of both flats and each flat continues to have an independent identity (separate share certificates, electricity meters, maintenance bills, and previous chain documents). Each sale deed should clearly recite the common source of title, refer to the single bank auction sale deed and Index-II, specify the proportionate consideration attributable to the respective flat, and state that the original title document covers both flats. The original combined sale deed can be handed over to the purchaser after both sale deeds are registered, since the same purchaser will own both units. Before proceeding, obtain a title verification from a local property advocate and, if possible, a No Objection/confirmation from the housing society that Flat Nos. 1101 and 1102 continue to exist as separate units in their records. This approach is commonly adopted where the vendor derives title under a single conveyance covering multiple identifiable properties.