Flat amalgamate with approval of sra and bmc

Querist : Anonymous (Querist) 17 October 2022 This query is : Resolved
Hi, I had purchased 2 Jodi flats from builder with 2 agreements. Subsquently I merged the flats with consent of builder and later got the same approved as well from the Slum Rehab Authority which gives building plan approval since ours was a SRA commercial project. I then intimated BMC building department as well and assessement department and got my 2 property cards to merged to 1 single property card with 1 single property tax. I have asked society to raise 1 single bill on me instead of 2 and charge single service charge for 1 flat and update the area for the merged flat. I have also requested 1 single share certificate. Is my claim logical and correct as the building department records, property records with govt authorities have the property as 1 unit now. I need guidance under MCS Act 1960

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A homeowner merged two SRA flats into a single unit, obtaining approvals from the Slum Rehabilitation Authority and intimating the BMC. They now seek a single property card, tax bill, society bill, and share certificate. While government records reflect one unit, the society's acceptance of this change, particularly regarding service charges and share certificates, is questioned. Guidance is sought under the MCS Act 1960, with conflicting opinions suggesting the society may not be obligated to accept the change despite official property record updates.

kavksatyanarayana (Expert) 17 October 2022
I opine, you have purchased two flats and with your own interest, you merged them into one flat. So society may not accept your logic. Only the entire society's plan is necessary for MCS and is not concerned with individual plans.

Dr J C Vashista (Expert) 18 October 2022
Your claim is absolutely illogical, manipulated and incorrect as the building department records, property records with govt authorities have 2 different properties allotted which have been reconstructed to be 1 unit now.

T. Kalaiselvan, Advocate (Expert) 18 October 2022
You will have to seek permission from the Building Proposal Department of the Brihanmumbai Municipal Corporation (BMC) to do this. This is mandatory in light of section 347C of the BMC Act. Any change in structure can only be done after taking permission from the BMC and the local authorities.
Since you have already sought the necessary permission and have been permitted to amalgamate both the flats, now as per the property records held by the authority concerned there is only a single unit comprising both the units, therefore the society cannot object to your application seeking a single share certificate and it cannot demand maintenance for two units separately.
Therefore there is infirmity in it.

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