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The Bombay High Court has issued an interim order preventing the unauthorized division of a 620-square-foot flat into two separate units in a suburban housing society. The court observed that the structural changes were made without approvals, and the issuance of separate share certificates lacked legal authority. The society had highlighted misuse of office by the flat occupants, who were society office bearers. The ruling safeguards the rights of other members until the next hearing, emphasizing adherence to legal procedures and proper approvals in housing society matters.
The Bombay High Court has intervened to halt the illegal division of a flat in a suburban housing society, reinforcing the need for proper legal compliance in property matters. The court upheld the petition of the Regent Co-operative Housing Society, which had sought to stop the conversion of a 620-square-foot flat into two units. Advertisement
The petition revealed that the flat, purchased originally as a single unit by the father of the occupants, was divided by two individuals who were also office bearers of the society. The society alleged that they misused their positions to carry out the division without necessary approvals. The sale agreement clearly stated that the property was a single flat.
Justice Amit Borkar observed that there was no record showing that the competent authority had approved the structural changes. The issuance of separate share certificates for the divided units was also found to be without legal basis. The court clarified that the matter concerned the legality of the flat's division, not its ownership, and confirmed that the society had provided sufficient evidence supporting its objections.
The case had previously been taken up by the Revisional Authority, which could not determine the legal validity of the division or the issuance of separate share certificates. The society also pointed out that the unauthorized division affected the building's structure and the rights of other members. After examining the original sale agreement, approved building plan, and membership records, the court found the society's concerns valid and issued interim relief.
The court issued notices to the occupants and scheduled the next hearing for later this month. The ruling emphasizes the importance of following legal procedures and obtaining approvals for structural changes in housing societies, aiming to protect the interests of all residents and maintain structural integrity.
Source: Mumbai Mirror
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