Disputed Premises divided into 2 portions & have 2 lease agreements

Premises is in dispute with landlord and is occupied by two brothers who are not on talking terms. Can premises be divided into in two separate rooms portions and separate two lease agreements can be made based on Court Order.

Answers (1)

Hi. Can you kindly elaborate on the dispute with the landlord? Is any court case pending? The premises can be divided into separate portions provided the landlord consents for the same. Further permission will also be required to be taken from the Municipal Corporation since creating two separate and independent portions from a single tenanted premises will be considered as creation of new tenancy. So unless BMC gives the permission and assesses the separated portions as two independent units for property tax purpose, the premises will remain a single unit for all purposes. Once BMC approves then the two separated portions will appear as independent units in the BMC inspection extract. So you can obviously divide the premises physically into two units (without making any structural changes to the premises) but it will get legal status of two independent units only if landlord gives his NOC and BMC sanctions the separation. If these two are in place, even the Court will have no problem in ordering two separate documents to be executed for the separated portions, provided ofcourse the dispute with your landlord is resolved. Kindly call for further clarification. Thanks.

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