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V K Raj (Director)     09 September 2010

Cooperative Housing society

In our society there are 1BHK,2BHK and 3BHK flats.

There are also some flats which are combination of 1BHK and 2BHK flats. but the actual layout in this case is 2 units but they have been combined and being used by one family.The flats have separate agreements and separate share certificates. in some cases the members ahve only one door and have converted one kitchen into the bedroom.

in this case how should be the maintenance be charges for such members. should it be charges per flat basis or should it be charged as a single flat basis


 5 Replies

Raju Ramparag Gupta (Advocate)     09 September 2010

It should be charged as single flat basis.

V K Raj (Director)     09 September 2010

Thanks Mr.Gupta,

Now the Layout plan submitted to BMC is for 2 flats. If we consider it a single flat basis then what about the share certificates.

Additonally there are flats where in the agreement has been on two brothers and Son and FAther. Here tehre are two doors but internally the living rooms have been combined. There are seperate kitchens. The share certifictes are also seperate.




Raju Ramparag Gupta (Advocate)     09 September 2010

Dear KKG,

I am Extremely sorry that due to some typograhical mistake. I was supposed to write PER FLAT BASIS instead i wrote it SINGLE FLAT BASIS.

Lets come to the Point, even though you are enjoying two flats by Merging in to one flat you are bound to pay all the necessary charges, etc as per flat basis.

Only if builder is combining two flats into one and selling it than one has to pay on single flat basis.

but in your case you have two take both the flat separately and pay the charges accordingly.   

Saket Gandhi (advocate)     09 September 2010

I am sorry to see the opinion of Mr. Raju. However, i am of the other view. It is a general practice that the maintanance charges are taken as per the flat units... if there are three units in a floor and out of them two units are owned by one person and the remaining one unit was owned by another person... the general practice is that the person owning two units will pay double the maintanance... however, if the society may decide that the person who is giving double the maintainance may get some relaxation....but generally the person will have to pay double maintainance....

Saket Gandhi (advocate)     09 September 2010

Now... i am sorry of my opinion... Mr. Raju is right this time..........

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