Is joining 2 flat legal ?

Jasbir Singh (Querist) 06 April 2022 This query is : Resolved
Dear Experts Greetings

My housing society situated in -Mira Bhayander dist. thane Maharashtra.

A member is in process of Joining 2 flats to make one with additions alteration within 2 flats.

I am seeking help and clarity on Legal aspect of this additional alteration.

regards

Jasbir Singh

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Quick Summary

Merging two flats, often termed 'amalgamation', can have legal implications depending on your location. While some experts suggest it's permissible if you own both flats, others highlight the necessity of obtaining permission from local authorities such as the BMC or Municipal Corporation, especially in urban areas. Failure to do so could result in penalties. It's also wise to consult your housing society's bylaws and ensure no structural alterations negatively impact neighbours.

kavksatyanarayana (Expert) 06 April 2022
He can do as he wishes as these two flats are his. If the committee may ask for maintenance charges for two flats if such a clause is mentioned in the bylaws. If you have any other grievances you may complain to the Deputy Registrar of Coop.Hsg. Societies concerned.

Jasbir Singh (Querist) 07 April 2022
Hemant Agarwal (Expert) 02 May 2017 1. Merging of Two Flats (in whatsoever manner) is classified as "amalgamation", which is a punishable offence with penalty /imprisonment, under the BMC Laws.

Read more at: https://www.lawyersclubindia.com/experts/merging-of-two-flats-640076.asp

kavksatyanarayana (Expert) 07 April 2022
No. In my opinion not punishable if he really purchases two flats. You asked some other thing and Mr. Hemant Agarwal the learned expert cannot give such a reply. There may be something that went wrong. Don't say that to other expert members.

Dr J C Vashista (Expert) 08 April 2022
Facts posted and response of Mr. Hemant Agarwal, a senior expert, is unconvincing and unbelievable, recheck.

Jasbir Singh (Querist) 08 April 2022
http://redevelopmentofhousingsociety.com/article-showcase/society-matters/member-in-housing-society-cannot-merge-flats-without-bmc-permission

Shubham Bhardwaj (Expert) 09 April 2022
Dear Mr Singh,

The answer to your query would depend upon the location of the property such as rural or urban. In rural areas, as the Town and Country Planning laws do not apply therefore owners can do what ever they feel like. However, in semi-urban and Urban areas, the TCP laws apply. For example, in Chandigarh this not allowed.

Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chadigarh

Disclaimer:- Opinion is only for guidance.

Jasbir Singh (Querist) 09 April 2022
Shubham Bhardwaj (Advocate)

Agree sir

Regards

P. Venu (Expert) 09 April 2022
The present day legal position is that any construction, even in panchayat areas, entails permission/sanction of the local body - Panchayat, Municipality or the Municipal Corporation as the case may be. So also, building taxes are levied slabs. Merger of two flats may lead to the apartment being liable of building tax at a higher slab.

As such, in my understanding, merger of flats require that due permission is obtained from the local body. Moreover, the Society bye-laws may be require that no objection be obtained from the Executive Committee/General Body. Even otherwise, it is matter of prudence that other apartment owners are taken into confidence and assured that the merger would not lead to any structural alteration.

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