• Purchasing new flat which is converted from duplex

Hello, I am getting a good deal in a society where Builder constructed initially duplex but due to cost not able to sell, so converted it to two flats. Down one becomes the main & upper one becomes the odd one flat which may be not on papers( not sure).

What documents I should check for flat, can I purchase, there will be no issues later. Society has OC CC already. I am speaking from Bangalore.
Asked 3 years ago in Property Law
Religion: Hindu

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7 Answers

You must verify that if the property what you propose to buy is a single flat in the lower floor or the upper floor.

Generally the duplex type of flats cannot be divided for various reasons including the stair case which would run through the lower floor house,.

A duplex is a multi-family home that has two units in the same building. These two units always share a common wall, but the floor plan can vary. Units can be arranged either side by side or stacked on top of one another, each occupying an entire floor or two of the building.

Duplex flat is the residential unit for a single family with single kitchen and living room but at the multi-stores

If the upper floor is separated from the duplex construction and is being sold as a separate unit then it would be construed as an unauthorised construction.  The local civic body or the competent authorities may issue notice and may pass orders to demolish the illegal structure if it is not under the approved plan or not regularised. 

You may better obtain a proper legal opinion from a local lawyer having experience in property law and proceed only if recommended. 

T Kalaiselvan
Advocate, Vellore
87918 Answers
2368 Consultations

Check the sanctioned plans 

 

if construction has been done as per sanctioned plans you can purchase the flat 

 

if not don’t purchase the flat

Ajay Sethi
Advocate, Mumbai
97716 Answers
7915 Consultations

Let him construct separate kitchen ,separate electricity meter then only take a call whether to purchase flat or not 

Ajay Sethi
Advocate, Mumbai
97716 Answers
7915 Consultations

If the same is as per sanctioned plan you can buy. If not then you may have issues later from municipal Corporation for violation

Prashant Nayak
Advocate, Mumbai
33017 Answers
214 Consultations

Since the builder has not converted the duplex flats into two separate units and has not obtained approval from the local civic body for this, it can always be considered as illegal and buyer will always have to live under fear of demolition. 

The duplex structure will not have two kitchens. 

Without a kitchen the authorities may not grant approval to split them into two units. 

The oc was given for the single duplex unit. 

The oc was not obtained for the split flat.

It is not that others have bought that you too shall fall prey to the attractive but illegal deal. 

You can decide. 

T Kalaiselvan
Advocate, Vellore
87918 Answers
2368 Consultations

- If the said conversion from the duplex into flat is after obtaining approval from the RERA , then there is no problem for purchasing the same , other wise a risky deal . 

- Further , getting OC CC is not sufficient in the absence of a conversion certificate from the authority. 

Mohammed Shahzad
Advocate, Delhi
14839 Answers
225 Consultations

Dear Client,

The list of documents required for reviewing the legal validity of the flat has been provided hereunder -

  • Parent Deed;
  • Building Plan Sanction;
  • Khata, Khata Extract, 'B' Khata & Khata Certificate;
  • Encumbrance Certificate;
  • Commencement Certificate;
  • Compounding Fee Receipt;
  • Tax Paid Receipts;
  • PTCL Endorsement;
  • General Power of Attorney;
  • Call of Inspection of original documents, including No Objection Certificate;
  • Allotment Letter;
  • Possession Letter;
  • Absolute Sale-Deed;

and any other document as you deem fit.

Thank you.

Anik Miu
Advocate, Bangalore
10455 Answers
121 Consultations

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