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The Bombay High Court recently stepped in to stop the division of a 620 sq. ft apartment into two separate units in a suburban Mumbai housing society. The court accepted the society’s claim that the split had been carried out ‘illegally’ and posed potential risks.
Background of the Case
The interim order came after the housing society approached the court, alleging that one of its members had converted a single flat into two independent units without obtaining the required permissions from civic authorities or other relevant bodies. The society argued that such alterations violated the original sale agreement, which clearly registered the property as a single residential unit. The modifications, they claimed, could also compromise the structural safety of the building.
The Housing Society’s Petition
According to the society’s petition, the flat owner had carried out internal changes and even obtained two separate electricity meters and share certificates, effectively treating the apartment as two independent flats.
The petition further stated that the society’s former chairman misused his position to facilitate the conversion without proper authorization. The society highlighted that the issuance of two separate share certificates for the same flat was unlawful and contravened provisions of the Maharashtra Co-operative Societies Act, 1960, as well as the Model Bye-laws.
The society emphasized that dividing the apartment without approval could threaten the structural integrity of the building and infringe upon the rights of other members, making intervention necessary to prevent potential harm.
Bombay High Court’s Observations
After reviewing the documents and submissions, Justice Amit Borkar of the Bombay High Court granted interim relief, directing that no further construction, modifications, or sale transactions be carried out regarding the divided flat until the matter is fully heard.
The court noted that the society had presented a strong prima facie case, warranting temporary protection. This ad-interim relief effectively halted any further action related to the split apartments. The next hearing in the case has been scheduled for November 20, 2025.
Legal Perspective on Apartment Division
Experts note that homeowners can legally divide one apartment into two units or merge two flats into a larger unit, but only after obtaining the necessary permissions from the Brihanmumbai Municipal Corporation (BMC) or the relevant civic authorities.
“Converting one apartment into two separate apartments, or merging two flats, is legally permissible if the required permissions are obtained from the authorities. Permission is granted on a case-by-case basis after considering the structural stability of the building post-modification,” said Vilas Nagalkar, an architect and member of the Practising Engineers, Architects and Town Planners Association (PEATA).
This case highlights the importance of following proper legal and regulatory procedures before undertaking any structural changes in residential buildings. Unauthorized modifications can not only violate society rules and state laws but also compromise safety and create conflicts among residents.
The Bombay High Court’s intervention serves as a reminder that apartment owners must comply with legal requirements before making structural changes. By enforcing proper permissions and adhering to society rules, homeowners can avoid legal disputes and ensure the safety and integrity of the building for all residents. The November hearing will determine the next steps in this case, but for now, the court has made it clear that unapproved apartment splits will not be tolerated.
