1. Tenant Co-partnership Type

A ‘Tenant Co-partnership Society’ is a society where the land is owned by the society and upon which houses / building / office are constructed by the society for the benefit of its members. In such society, the ownership of land and the building in the eye of law vest with the society.

2. Tenant Ownership Type

In case of ‘ a Tenant Ownership Society’, the land belongs to the society and each plot is allotted and given on lease by the society to the member and on the plot so allotted, the member builds his own houses / building / office either with his own money or with money borrowed from the society so that the house belongs to him while the plot belongs to the society and is held by him on lease.

3. Cooperative Service Society Type

Housing Service Society are societies with object for maintenance, repair and providing services in respect of water, gutter, cleanliness, security, lift etc. There are detailed guidelines issued by registrar for forming service society for the premises including flats, tenaments, bungalows, row house, shops, show-rooms and Industrial plots for sale and office.

Further, Housing Service Society is neither owner of the land nor the structure built on the land.

Commercial and Residential Housing Service Society : A project which has residential and commercial projects (Example: Residential in building + shops on ground floor), such societies are registered as ABC Commercial and Residential Housing Service Society Ltd

Meaning of Tenant from Cooperative Society Perspective

Ramesh Himatlal Shah v. Harsukh Jadhavii Joshi, AIR 1975 SC 1470

Even though a member to whom tenement is given for occupation is described in the bye-laws and regulations as a tenant, he is not a tenant in the sense in which the term is used in the Transfer of Property Act. Nor is the Society the landlord, but the relationship is of a special type under the Co-operative Societies Act and the Rules, Bye-laws and regulation made thereunder. Though a member is called a tenant in the bye-laws he has merely a right of occupation of that tenement allotted to him. It is also clear from Bye-law that no member can occupy any tenement of the society unless he holds at least 5 shares. It is, therefore, clear that the right which the second defendant had to occupy flat No. 2 in the present case was not only an interest in immovable property, but the second defendant had no proprietary interest of any sort in that flat. Moreover, as the second defendant’s right of occupation of the said flat was not capable of being sold so long as the second defendant himself continued to be the owner of the 280 shares in the Shri Hanuman Co-operative Housing Society Ltd., which owned the building in which that flat was located, the second defendant’s right in the said flat cannot be said to be “saleable” property within the terms of Section 60 of Civil Procedure and was, therefore, not property liable to attachment under the provisions of the section”

Summary

TypeLand OwnershipStructure Ownership
Tenant Co-partnership TypeSocietySociety
Tenant Ownership TypeSocietyMember
Service Society TypeMembers JointlyMember

Reference

  1. Ambica Nagar Co Op Housing_vs_State_Of_Gujarat
  2. Mulshanker Kunverji Gor And Ors. vs Juvansinhji Shivubha Jadeja (Santosh Coop Housing Society)
  3. Sakarchand Chhaganlal vs Controller Of Estate Duty, … on 4 October, 1968 (Jain Merchants Co-operative Housing Society Ltd)
  4. Ramesh Himatlal Shah v. Harsukh Jadhavii Joshi, AIR 1975 SC 1470
  5. Registrar Circular for Registration of Service Society: 30-Jun-2017
  6. Transfer of Property Act 1882

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