• Combining agreement of two flats

I have purchased two combined flat from Builder and registered on single name (MyName) but it has separate agreement copy. I have got two share certificate from society. But we have single Light Bill and in Municipality for water charges as single Family. But society considers us two flat so it charges twice e.g. CCTC Camera etc. Currently Municiplaity sends pending Bill which was not paid by Builder, I was considered as two flats but in municipality water record builder shows as single flat because we have single water connection. We have to pay more unnecessary even though we are single family and combined flat.

Is it possible to register as supplementary or re-register as combined flat, so I will have single registration copy. Flat size of two combined is 864 SFT (Build up area). Next to get single share certificate copy from society. What is procedure and charges for it. Can I get estimate for the same.
Please note that I am paying loan for the property also as single load. Original Agreement Registration copy is with Bank. So please guide me what I can do.
Asked 11 months ago in Property Law from Thane, Maharashtra
Religion: Hindu
1. Well, once you have purchased the flat by execution of 2 deeds of conveyance there is no way you can convert it into one deed .
2. It is practical problem and in many society the problem faced by you is faced by others.
3. Do remember that the maintenance charge or other ancillary charges are mostly calculated on area of flat and even if you consider the 2 combined flats into one the charges would be more than a single unit.
4. If the Municipality issue one Mutation certificate in respect of the 2 flats then only the society will issue one share certificate.
Else there is no illegality/irregularity in the acts/conduct of the society.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1) please check building plans sanctioned by muncipal corporation 

2) if as per sanctioned plans it is shown as 2 flats society is justified in charging you maintenance 

3) in addition 2seoarate agreements have been entered by builder for 2 flats and separate share certificates issued 

4) you cannot re register agreement as one flat . Further society will never agree as they will loose out on maintenance for the separate flats 
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
1. Have you got two sale deeds registered for buying the said combined flats?

2. If you have registered two sale deeds, you can discuss with the Registrar to register a supplementary sale deed replacing the two deeds with two different being numbers,

3. In that case one deed with its registration no. shall have to cancelled and volumes and books shall have to corrected,

4. If such abrupt correction is permitted by the rule of the state, the registrar may agree for it.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
I have purchased two combined flat from Builder and registered on single name (MyName) but it has separate agreement copy.
Even if they were combined flats, hope you have two registered sale deeds indicating they are two different flats, right?, if yes, in my opinion there can be no possibility to convert them into one deed;



 I was considered as two flats but in municipality water record builder shows as single flat because we have single 
water connection. We have to pay more unnecessary even though we are single family and combined flats,.
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.  Since you have mentioned that the Builder has intimated the Municipality that they are combined single flat, you may produce this as evidence to the society and get the privileges approved accordingly.  




Is it possible to register as supplementary or re-register as combined flat, so I will have single registration copy. Flat size of two combined is 864 SFT (Build up area). Next to get single share certificate copy from society. What is procedure and charges for it. Can I get estimate for the same.
You can enquire from the local registrar's office that whether the two registered sale deeds can be combined into a single deed and registered it as a supplementary deed. If the rules permit then you may have to take the help of the builder to re-execute a fresh registered sale deed in your favor called as supplementary sale combining both the previous sale deeds together.

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
If there is a single sale deed then the property is to be considered as a single unit. This is well settled law now. Separate agreements to sell, which preceded the execution of the sale deed, do not bifurcate the property into two if there is a single sale deed in respect thereof. The title flows from the sale deed and not the agreement. So if the sale deed recognizes the property as a single unit then file a suit against the society to seek the appropriate relief from the court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Please provide me legal adviser from Thane, Maharashtra who can check my documents and guide me what can be done. Whether it is possible to something which will exempt me from paying twice the amount for water, sweeping, CCTV, lift etc
You can take the help of best lawyers available in this forum itself.  One among the best lawyers from Mumbai is learned Advocate Mr. Ajay Sethi, you can take an appointment with him and meet him in person. 




If there is two agreement of sale of combined flat and I am owner, there should be choice to merge into single agreement to get rid of future double payment. Purpose of combining into two was single flat not buying double flat as builder does not have single flat available. As we are from poor family that time and we have not any knowledge of such things which will cause such issue in future. You all are aware there are millions of people  lives in chawl or slum areas, due to improvement of economy condition, we are able to buy flat. But we are not aware such things and get trapped. There should be something in law which should help us to solve such issue. I donot know what is provision in the land of law such cases.
You can enquire from the local registrar's office that whether the two registered sale deeds can be combined into a single deed and registered it as a supplementary deed. If the rules permit then you may have to take the help of the builder to re-execute a fresh registered sale deed in your favor called as supplementary sale combining both the previous sale deeds together.  Alternately 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.




With above all answer, I am deeply sad that we are helpless in front of law and we have to pay twice. I am sure this is not first case I am presenting there will be a lot of such cases, but I donot know what to do.
Yo can discuss all these issues with a local lawyer i person, you may get some or the other loop hole to tackle this issue to some extent by some route.  

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1) you can contact any lawyer on this website from Mumbai in this regard 

2) I am afraid that since 2  separate agreements have been entered into for purchase of 2 separate flats you have to  pay maintenance separately fir the 2 flats
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
1. Find one on your own.

2. Despite having two agreements of two parts of the property the sale deed to be executed can identify the property as a single unit. 

3. Show your agreement and sale deed to a lawyer and something may be done. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. You can get one Deed registered duly amalgamating both the flats,

2. However, you shall have to pay the court fee and registration charge which will much surpass your total amount of charges being paid foe CCTV Camera etc.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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