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Conversion of one flat into two flats during redevelopment

(Querist) 23 April 2018 This query is : Resolved 
Our co op hsg soc situated in mumbai suburbs is under redevelopment process voluntarily. Terms with existing flat owners are finalised. Presently flat area is 600 sq ft carpet. Builder is giving certain additional area free of cost (25 %) and offering concessional rate for additional purchase area upto certain sqft. Few society flat owners want to convert their single flat into two different flats as they are getting additional free area and can buy certain additional area at concessional rates. This makes sense for them to make two 400 sq ft carpet (appx) flats after redevelopment. Builder has agreed to prepare two separate units out of such one unit to all flat owners who wish the same. However, we need to know whether this is leagally possible and what procedures are to be following by society as well as builder in order to register the flats as two separate units in govt. records and also in society records after redevelopment. The original purchase agreements and share certificates of single flats are either in single name or in joint names. Please guide...
Ms.Usha Kapoor (Expert) 23 April 2018
3BLANK BLANKL BLANK
tushar (Querist) 23 April 2018
Thank you. But my main question was not income tax angle but want to know what are the steps to be taken by builder and society to record two flats in govt. and society records.
tushar (Querist) 23 April 2018
Thank you. But my main question was not income tax angle but want to know what are the steps to be taken by builder and society to record two flats in govt. and society records.
tushar (Querist) 23 April 2018
Can someone reply please ?
Kishor Mehta (Expert) 24 April 2018
If you hold one share certificate, and one flat, in the original society, you are entitled to only one share certificate, and one flat, in the redeveloped building. If you opt for two different units then for the second unit you will be termed as a new member and consequently will have to face further avoidable charges. It will be advisable to request the builder to make arrangements so that your single unit can be partitioned internally and can be used as two different units.
tushar (Querist) 24 April 2018
Thank you Kishorbhai. Actually the main purpose to convert one unit into two is to make one flat available to give on rent or to sell one flat at a later date. So if both the flats are differently registered in govt records and society records (say one in the name of husband and one in the name of wife), renting or selling one unit at a later date will be smooth. So, can anyone suggest the method, steps and charges involved here ?
Ms.Usha Kapoor (Expert) 25 April 2018
I agree with Kishor Mehta.
tushar (Querist) 25 April 2018
But my confusion is still not over as to whether it is legally allowed or not. And if allowed, what documentary procedure has to be followed by builder and also by the society?
Ms.Usha Kapoor (Expert) 06 June 2018
i AGREE WITH Kishore Mehta.
Ms.Usha Kapoor (Expert) 18 June 2018
I agree with Kishor Mehta


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