Legal Question in Real Estate Law in India

As per IT appellate order two adjacent flats with 2 agreements but having a common passage and common kitchen provided by the builder are treated as a single flat; similarly two flats one above the other with a common kitchen and interconnected by a staircase are treated as a single flat eventhough there are 2 agreements with 2 flat numbers in different floors; such being the case, is it not necessary under Housing society bye law to treat the 2 flats amalgamated together with the concurrence of the builder and the flat purchasers to treat this as a single flat with society issuing a single share certificate as purchasers of two independent flat are having definite proportion of share in the amalgamated unit. The first named person will become the member and the second named person will become the associate member; if multiple share certificates are issued, for the same amalgamated flat, there will be 2 share certificates if the owners are different with two votes , and two share certificates in the same name if there is one owner, but will have only one vote; does it not violate the principle of one vote for one flat for one member.

Asked on 3/11/10, 6:36 pm

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

0 users found helpful

0 attorneys agreed

Please refer to the relevant bye-laws of your society for appropriate clarification.

Answered on 3/12/10, 5:48 am

Keywords

Match Any Match All

Country

State

Area of Law