J B Patel
Although physically only one flat in a society with only one main entrance, these two flats are combined internally. There are two flats on records of the society for this one COMBINED flat and having two separate share certificates on two different names.
1) What will be the legal position during the election procedure? 1 vote or 2 votes?
2) What will be the legal position for Municipal Corporation of Greater Mumbai for taxation purpose?
3) What will be the position after the redevelopment of the property?
4) What will be the position if such single flat having two share certificates are on one single name?
There are 18 such flats converted into 9 combined flats with two separate share certificates but with only one main entrance in my society. Your guidance will be highly appreciated.
I C Naik
Combining two individual flats requires prior approval of the managing committee and also of BMC as per per section 342 of BMC Act, 1988 “No merger of tenancies by removal or opening of any walls in between two or more tenancies” is permissible as normal repairs.
Except above the combined flats are same is two separate units for all purposes.
Voting right is not having any direct relation with the flat. Acquiring a Flat from Builder or from an existing member (the transferor) is one of the conditions of getting membership of the cooperative housing society (Bye Law No 19)
In case of voting a fundamental point is missed by many. Voting is by member and as per Section 27(1) of the M. C. S. Act 1960 one member has one vote irrespective of the number of shares. Two combined flat may have share certificates split in to two person’s ownership i.e. two original members. They are two members ignoring the fact that they have combined the flat for convenience of one family.
Property taxation is as per property valuation as determined by the BMC and it does not recognize flats for valuation.
Redevelopment scheme will recognize members and number of units held by each one where in combined flats will be treated as two units.