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Society charges for combined flat

(Querist) 11 June 2016 This query is : Resolved 
I bought a resale flat having one agreement and one share certificate for a combined flat. Original agreement from builder also to my seller is in the same way. But building plan shows this as two flats. Society is calculate charges for two flats. Is this legal? Can I approach any authority to stop this? Can I claim old excess paid amount due to this? Please advise
Ramasubramanian (Querist) 11 June 2016
Please advise
P. Venu (Expert) 12 June 2016
First of all, ascertain the reason for the discrepancy.
Ramasubramanian (Querist) 12 June 2016
Managing committee says there are two flats as per plan. Hence we have been charging for two flats from my seller (who has taken it from builder). My question is will I have 2votes? I got only one share certificate of 5 shares. This is happening in Dombivli Maharashtra.
Dr J C Vashista (Expert) 13 June 2016
1. Is it a cooperative housing society or some one else?
2. How have you been allotted 2 flats against one share?
3. Have you been provided occupation /possession letter for the flat? What are the specifications mentioned therein the possession letter with regards to area of the flat(s)?.
4. No Managing Committee shall do such a blunder to charge maintenance of 2 flats when a member has been allotted one flat and against ONE SHARE.
5. Incomplete information.
Rajendra K Goyal (Expert) 13 June 2016
If in the building plan, these are two flats, society want to charge for two flats, ask the society for two certificates and two voting rights. If society does not agree, discuss with local lawyer, move to registrar of societies.
Ramasubramanian (Querist) 13 June 2016
Thanks all.clarification given below
1. Co-op housing society at Thane Maharashtra
2 Sale agreement written as One flat even though attached plan with the marked it 2 flats together. This make Managing committee to charge for 2 flats.
3. No possession lette available Sale agreement shows area of both the flats together. It is not given as 2 flats. I am second owner. My seller bought directly from. Builder. I can't locate any specific OC to my flat. OC of the building also shows wrong flat count for all the wings (3 wings in our society)
4. This practice is followed for last few years during the time of my seller.
5 any more information needed?
Dr J C Vashista (Expert) 14 June 2016
Show the documents to a local prudent lawyer for proper appreciation, guidance and proceeding.


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