Tenant co-partnership co-operative housing societies - Whether legal ownership in flats can be said to vest in individual members themselves and not in co-operative society
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Legal ownership in tenant co operative flats: individual members treated as owners for tax and attachment purposes. The Board advised that where purchasers pay for flats during construction, receive possession, form a co operative society which is thereafter allotted tenancy rights corresponding to flats purchased, the legal ownership of those flats can be regarded as vesting in the individual members. For purposes including assessment of income from house property and attachment and recovery of tax, the individual members should be treated as the legal owners rather than the society.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Legal ownership in tenant co operative flats: individual members treated as owners for tax and attachment purposes.
The Board advised that where purchasers pay for flats during construction, receive possession, form a co operative society which is thereafter allotted tenancy rights corresponding to flats purchased, the legal ownership of those flats can be regarded as vesting in the individual members. For purposes including assessment of income from house property and attachment and recovery of tax, the individual members should be treated as the legal owners rather than the society.
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