Amalgamation of flats
Ajit
(Querist) 24 December 2013
This query is : Resolved
Hello, I am resident of a housing society at Pune. Our society is considering redevelopment of society’s building. In the existing building myself and my mother are having two separate flats. That is myself and my mother are members of existing society. In the redeveloped building we would like to have one single flat owned jointly by myself and my mother. The area of the new flat would be equivalent to total area of the existing two flats. i.e. we would like to amalgamate existing two flats and own the new flat jointly. Could you please guide us what procedure should be followed to avoid any capital gain tax or any other legal issues? Could you please let us know what is the best option to do this? Thanks.
ABDUL RAZIQUE
(Expert) 25 December 2013
Contact authority of housing society. in this regard one thing is necessary that is NOC from your mother side.
P. Venu
(Expert) 25 December 2013
Have you any siblings? They too have contingent right in the Mother's flat.
T. Kalaiselvan, Advocate
(Expert) 25 December 2013
I think Mr. Venu has mis-spelt, the siblings of the author do not have any rights whether contingent or otherwise in the mother's property, the concerned authorities will be having printed t&C for such purposes, a close perusal of the same may clear all the doubts, in case not, consult a local lawyer and get his opinion as per the prevailing situations.
Rajendra K Goyal
(Expert) 25 December 2013
Consult a local lawyer and show him all the papers.
One option is you take two adjacent flats and with the permission of society open a door between the two afterwards.
ajay sethi
(Expert) 25 December 2013
it depends upon builder . you have 2 flats and you want one flat of size equivalent of 2 flats . builder wont make exception in your case . he will provide all members of society flats of same carpet area .
what you can request builder to do is to provide 2 adjacent flats . keep separate doors from outside and join the flat from within
Biswanath Roy
(Expert) 25 December 2013
Amalgamation of two distinct flats as proposed shall create unnecessary legal questions in future and shall definitely cause legal issues at the time of future inheritance. A venture to avoid possible legal consequences may be drawn up but that will be much costly.
