You need NOC from association
2) you don’t need permission from BBMP or BDA as there are no structural changes being carried out
3) contact local lawyer in Bangalore from this website
Amalgamation of 2 Flats
Hello I have an opportunity to acquire flat adjoining to my flat (both have middle partition wall and no beam or column) in Gated Apartment complex having apartment association in south Bangalore Questions. 1. Legally can i combine my current flat and the new acquired flat by taking down the partition wall? 2. Our association cites some bye laws , do i need to get the NOC from association 3. Is this legally permitted by BBMP and BDA, if yes, what are the approvals required 4. Are there any advocates who have experience and can help through the entire process to get proof documentation and paperwork in place to avoid any future issues
Asked 4 years ago in Property Law
Religion: Other
8 Answers
1. Yes , after taking NOC from the society , you can combine two flats as one.
2. Yes,
3. No approval required from the BBMP and BDA , only permission from the society .
4. You can take services from local lawyer .
1. Assuming that the property is within the jurisdiction of BDA/BBMP, apply for amalgamation of Katha. After getting a single amalgamated Katha for the current flat and the newly acquired flat, you can dismantle the partition wall.
2. Yes, you have to obtain NOC from the Association.
3. Please refer to the answer under Sl.No.1.
4. I am ready to offer my services for this work.
1. If that common wall is not a load bearing wall and if your society does not have anything mentioned in the Bye laws that it can not be done, then you can break the said common wall.
2. If it is not allowed the in the Bye Laws, then you shall have to take NOC from the said Society.
3. There should not be any restriction from BBMP & BDA for your merging two adjoining flats.
4. You do not need any Advocate for doing this. Go through the copy of the Bye Laws and demolish the wall if there is nothing contrary mentioned in the Bye Laws.
1. Most states in the country prohibit the merging of two adjacent flats, to make a bigger apartment. Some that allow such modifications, ask the owner to obtain necessary permits, for such a change.
2. If the association is objecting to it quoting the relevant bylaws, then you may have to obtain NOC from them.
3. If you have obtained the khatha following the procedures laid down and got it amalgamated and also NOC from BDA obtained, then it may be considered as complete.
4. You can look for an advocate who has expertise in such fields or may be you may approach any consultant in the local who can get your task done at his terms.
1. Once you buy the adjoining flat you have every right to pull down the partition wall and combine both flats into one.
2. If bye laws contain a clause which requires you to get the NOC from association then you can seek NOC. If NOC is not granted then you can go ahead and demolish the partition wall.
Dear Sir,My answers are as follows:
1. Legally can i combine my current flat and the new acquired flat by taking down the partition wall?
Ans: With the permission of Society you may do the same.
2. Our association cites some bye laws , do i need to get the NOC from association
Ans: Yes, you have to get NOC from your Association.
3. Is this legally permitted by BBMP and BDA, if yes, what are the approvals required
Ans: If anybody lodge complaint then only issue arise but normally BBMP and BDA have no powers to interfere in respect of enjoyment of both the flats combinedly.
4. Are there any advocates who have experience and can help through the entire process to get proof documentation and paperwork in place to avoid any future issues
Ans: Yes, you may contact property lawyers.
Sir I don't think you can be allowed to pull down complete partition wall as it may be dangerous to structure. However you can remove some part of the wall not touching or endangering the pillars and structure. It will be a good idea to have the map of the building and then get approval from the concerned department. If your society allows you then you can avoid the process I told but for your own safety that is adviced. Take care of pillars and stability for yourself. Good luck.
