Mumbai real estate: Can homeowners legally divide a single apartment into two units? Here's what you should know
Bombay HC halts the ‘illegal’ division of a 620 sq ft flat into two units over lack of structural approvals. Here’s whether a unit can legally be split into two
The Bombay High Court recently intervened to stop the division of a 620 sq ft apartment into two units in a suburban Mumbai housing society, agreeing with the society’s claim that the split was carried out ‘illegally’.
The interim order was issued after the housing society approached the court, alleging that one of its members had converted a single flat into two units without obtaining the mandatory permissions from the civic and concerned authorities. The court observed that such alterations not only violated the original sale agreement, under which the property was registered as one unit, but also posed potential structural and safety risks to the building.
What did the housing society’s petition state?
According to the petition of the housing society, the flat owner had carried out internal modifications and obtained two separate electricity meters and share certificates, effectively treating the premises as independent flats.
The society filed a petition claiming that its former chairman misused his position by converting a single 620 sq ft apartment into two separate units without proper authorisation. According to the society, the original sale deed clearly indicated that the flat was approved as a single residential unit, and no permission had been granted by any competent authority for structural alteration or subdivision.
The society argued that the issuance of two separate share certificates for the same flat was unlawful and violated provisions of the Maharashtra Co-operative Societies Act, 1960, and the Model Bye-laws.
It further contended that such an act could compromise the structural integrity of the building and infringe upon the rights of other members.
The Bombay High Court’s observations
The Bombay HC directed that no further construction or sale transactions be carried out until the matter is fully heard. After reviewing the documents and submissions, Justice Amit Borkar observed that the society had made out a strong prima facie case and that interim protection was warranted. Accordingly, the court granted ad-interim relief in terms of the prayer clause, effectively halting any further action related to the divided flats.
The next hearing in the case is scheduled for November 20, 2025.
Can homeowners legally divide one apartment into two units?
According to experts, homebuyers can legally divide one apartment into two units or combine two flats into a single large apartment, provided they obtain the necessary permission from the Mumbai civic body, also known as the Brihanmumbai Municipal Corporation (BMC).
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"Converting one apartment into two separate apartments or merging two flats is possible, and it would be legally permissible if the necessary permission is obtained from the relevant authorities. The permission is granted on a case-by-case basis after considering the structural stability of the structure after the change," said Vilas Nagalkar, an architect and a member of the Practising Engineers, Architects and Town Planners Association (PEATA).
