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Rajiv Thakkar (Service)     03 April 2012

Property sale - 2 units

Dear Members,

I am planning to buy a property in Mumbai.  The builder has constructed new building after demolishing old building. In the plan registered with Municipal Corporation a unit is mentioned as single uint, however, builder has constructed a wall where by this unit is seperated into two units having seperate entrance. I got to know that builder has not yet got Occupation Certificate from the authorities.

I would like to know whether builder can sale these units (seperated by a wall) to two different persons without making any changes in the plan registered with municipal corporation.

If yes, what precaution I shall take to avoid future consequences, if I want to sale the unit. If no, what should be the next course of action.

Thanks and regards.



Learning

 1 Replies

JT Rajasuriya, Chennai (Advocate 98410 53790)     14 April 2012

Mr.Rajiv Thakkar,

                      When it is separated as 2 units as you said - it becomes an unapproved flat. The only consequence would be that banks would hesitate to provide mortage loans against such flats.

                    You also have to check up if you can get electrical, water supply & sewerage connections to the flat without much hassles.

                    Although generally not advisable to buy such properties, it all depends upon getting municipal connections and property tax receipts to the flats without much hassles, apart from the loan issue discussed earlier.


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