• Inquiry regarding property modifications and tax obligations

Hello,

I have acquired two adjacent flats from the builder, each comprising 1 BHK and approximately 330 square feet, with a separate agreement for each unit. Following the receipt of the Occupancy Certificate, I have proceeded to remove the partition wall that separated the two flats. I would like to seek clarification on the following matters:

1) Is the removal of the partition wall legally permissible?
2) Am I required to pay property tax for both flats, given that I have effectively combined them into a single unit, resulting in a total area of 660 square feet? According to the Brihanmumbai Municipal Corporation (BMC), residential units in Mumbai measuring less than 500 square feet are exempt from property tax. I still possess two separate agreements for the flats.

I would appreciate your guidance on these issues.

Thank you for your assistance.

Best regards,
Asked 25 days ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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8 Answers

You are required to pay property taxes for 2 flats as they are separate flats in BMC records .sanctioned plans show 2 separate flats 

 

if property taxes is exempt you don’t have to pay property taxes but will have up pay society maintenance for 2 flats 

 

If builder has not objected you can join the 2 flats 

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

1. You have to obtain permission from the Competent authority/Municipality authorities for making this change in the structure and amalgamating two flats to one.

2. If you don't show them as a single property you may come into the tax bracket.

T Kalaiselvan
Advocate, Vellore
87470 Answers
2348 Consultations

  1. Removal of Partition Wall:


    • Permissible if the wall is not load-bearing and approvals are obtained from the housing society and BMC.

  2. Property Tax Implications:

    • Since both flats have separate agreements and measure 330 sq. ft. each, they qualify for BMC's property tax exemption (<500 sq. ft.).
    • Combining them into a single unit (660 sq. ft.) may disqualify you from the exemption. Clarify with BMC.

  3. Recommendations:

    • Consult a structural engineer for safety clearance.
    • Contact BMC to confirm the tax impact of merging the flats.

For detailed, personalized advice, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be really grateful and very happy to read it.

Thank you.
Shubham Goyal

Shubham Goyal
Advocate, Delhi
352 Answers

  1. Combining two portions by removing separating wall is violation of approved layout.
  2. So long as site is not inspected you can exemption of tax under limit of 500 but if property is inspected, you cannot claim exemption as tax is levied on actual area not on as described in sale deeds.

Ravi Shinde
Advocate, Hyderabad
4292 Answers
42 Consultations

ideally the permission of the Municipal Corporation should be taken before making any modifications

so long as the removal of the wall does not come to the notice of the Corporation, in their records there will be 2 flats only having area less than 500, and thus you would be exempt from property tax

Yusuf Rampurawala
Advocate, Mumbai
7722 Answers
79 Consultations

Dear Client, Thank you for also contacting me with some questions about the demolition of the party wall, and tax upon property for your two flats. In most instances, partially divided walls can be demolished, provided that such works will not have the effect of impairing the structural safety of the building.

But then again, it would be perfect if you are able to consult the builder or a qualified structural engineer for the confirmation that this wall is not load-bearing. Sometimes, you would even require NOC from the housing society and other concerned authorities so that your local building regulations are in good book, and you do not get into disputes.

Now, property tax you have two separate agreements for two flats therefore BMC will treat these two as two units only.

Since the exemption is on residential units of less than 500 square feet each you can continue getting this exemption for both flats though BMC re-designates it as a single unit and gives it a composite area of 660 square feet.

So, before issues come up, right would be that BMC clarifies properly, so that any structural change gets all the necessary approvals.

Hope that this helps you to solve your problem.

Anik Miu
Advocate, Bangalore
10299 Answers
121 Consultations

1. Not permissible without the consent of the society if formed 

- Further , removing wall between the two flats may required approval from the BMC, hence you should take permission after giving an application before removing the wall. 

2. If you will combine the two flats into one unit then it will exceed the limit of exemption of 500 sq.feet, 

- Further, if you have two sale agreement for the said two flats , then even after combing into one unit , it will treated as two separate unit for the calculation of the property tax. 

 

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

It’s only permissible with permission of court by its order.

the tax implications are diverse and will depend on courts interference 

Prashant Nayak
Advocate, Mumbai
32698 Answers
208 Consultations

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