Division of Flat
Ritika Ahuja
(Querist) 22 December 2018
This query is : Resolved
Can a flat in Mumbai City be divided in two or split in two seperate flats. What is the process for doing the same.
Vijay Raj Mahajan
(Expert) 23 December 2018
The flat cannot be split unless both parties agree to own and use it jointly, the division of the flat property between two can be by selling it in open market and equal distribution of the proceeds between both parties.
Dr J C Vashista
(Expert) 23 December 2018
1. Find out amicable settlement for partition/ possession / compensation.
2. Otherwise sell it out and take respective share.
3. The Court can/shall proceed in terms of Section 3 of the Partition Act.
M V Gupta
(Expert) 23 December 2018
As flats are constructed as per the plans approved by the BMC they cannot be divided.
Kumar Doab
(Expert) 23 December 2018
Probably you are referring to Flat in some society.
You must have inquired with society and MC of the society must have already guided you.
Has society agreed with your intent?
IT may think many times since IT may not be say; having members with adequate knowledge or intention in such matters or such matter may set precedence and invite litigation or IT may not be possible to allow in such matters by their knowledge and viewpoint or IT may be such a complicated matter.
IT is felt that there could be other issues that you may consider e.g; inheritance etc
Kumar Doab
(Expert) 23 December 2018
GO thru provisions of;
Maharashtra Co-operative Societies Act; (MCS Act) 1960
BMC Act/Rules
Which your society MC might have quoted to you.
GOVERNMENT OF MAHARASHTRA LAW AND JUDICIARY DEPARTMENT
Bombay Act No. III of 1888.
The Mumbai Municipal Corporation Act
(As modified upto the 18th January 2016)
Notices regarding execution of works not amounting to the erection of a building
342. Every person who shall intend—
http://bombayhighcourt.nic.in/libweb/acts/1888.03.pdf
Maharashtra Co-operative Housing Society Bye Laws
III. RESPONSIBILITIES & LIABILITIES OF MEMBERS
(A) Maintenance of Flats by Members
46. Every member shall keep his flat clean.
47. (a) No member shall, without the previous permission of the committee in writing, make any additions or alterations in his flat. (b) The member, desirous of making any additions or alterations in his flat, shall make an application to the Secretary of the Society, giving all the required particulars. Further action on such application shall be taken by the Secretary and the Committee of the Society as provided under the bye-law No. 65.
(F)Other Matters
65. (a) All the applications for;
(iv) permission for additions and alterations in flats,
You may also have to satisfy conditions laid by
Building And Factory Dept of Municipal Corporation of Greater Mumbai
https://portal.mcgm.gov.in/irj/go/km/docs/documents/MCGM%20Department%20List/Wards/Assistant%20Commissioner%20(KWest-Ward)/RTI%20Manuals/Manual%20for%20Assistant%20Engineer%20(Building%20and%20Factories).pdf
You may also have to approach Architect, Structural Engineer
You may also go thru related judgments.
There would be many threads on merging/division of Flats at LCI that you can search thru SEARCH option.
You may post the response of MC to you!
Kumar Doab
(Expert) 23 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Society/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; O/o Registrar of Societies, Co-Op court/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Society/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
If the opinion is that IT is not possible then you may giveup till IT becomes possible.
IT may not be that easy to sell a flat and buy other falts in place like Mumbai.
LCI experts Mr. Hemant Agarwal, Mr. Kishore Mehta, Mr. M.V.Gupta post on such matters and might be near to you. If you wsih you may get in touch with them.
