Legal Question in Real Estate Law in India

Hello,

I have purchased a flat in Mumbai and wish to carry out structural changes in the house before occupying the same. After my discussion with the property agent, I am not sure if I am legally allowed to carry out these changes. Request your guidance.

Proposed Changes detailed as below:

1. Join the bathroom and toilet to combine into a single entity- Inside intermediate wall to be brought down.

2. Open Kitchen Space into Living Room- Inside Kitchen wall to be brought down.

3. Extend Half Windows to Floor (French) windows, without extending them vertically.

Please suggest if this is allowed, whether society can legally deny the right to carry out these changes, any suggestions for partial alterations allowed . Also, appreciate references from appropriate acts/bylaws.

Regards

Response to above question from Lawguru:

Check bye-laws of the society, talk with committee members of society, get opinions from RCC & Structural Consultant and Architect about proposed changes and then apply to the Society for permission.

Shrichand Nahar

S.V.Nahar, Advocate

Pune, NUS 411004

Question in response:

Thanks for a prompt reply, Mr. Nahar.

The above changes in my opinion do not cause any damage to the structure and the same can be approved by a consultant. What I need to know though is, the legal response in case society objects to one or more of the proposed changes as detailed above. Is the society right in doing so? What sort of changes require approval from society? What is the recourse to be taken in case society objects to the changes? In worst case, what is the action society can take in case changes are carried out without permission (but do not cause inconvenience to any members, do not cause structural weakness of any time for the building).

Thanks again, Regards

Anshum

1 Answer from Attorneys

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