Amalgamated flats and maintenance charge

Rajesh Kanade, Maharashtra

I and my wife purchased 2 adjacent flats. At the time of purchasing builder told that one single purchase agreement is not possible because of income tax. Two flats amalgamated before O C and formation of society. We are residing before the formation of society. The Kitchen and entrance is single. Society is charging two separate maintenance bills. There are three persons- me , my wife and our child are living in the flat.

Am I entitled to have only one flat maintenance from society? Is there any court judgment?

 

I C Naik

Combining two individual flats requires prior approval of the managing committee and also of BMC as 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.

These are two units as per approved building plan and two bills are properly raised by the Society.

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