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2026 Cooperative High Court Housing Society Latest Legal Real Estate

Dual ownership & Tenant Ownership Coop Housing Society

August 14, 2026 legaldeli

Deccan Gymkhana Housing Society, Pune,

Tenant Ownership Housing Society – Dual Concept of ownership of house and lease hold rights in the society plot.

The society had sub-divided the land owned by it into 42 plots and leased out to its members. Plot No.23 admeasuring 10,302 sq.ft was originally let out to Shri Shivram Datar. He had assigned the lease hold rights in the land and ownership of the house in favour of Barve, who had assigned the same to Kale. Kale became members of the society.

Kales have sold southern portion of the plot with the structure of 2300 q.ft to an outsider. This was not approved by the society

The concept of dual ownership envisages that the land is owned by one person and the superstructure is owned by another person. However, whether this concept of dual ownership can be permitted in a cooperative housing society?

in Writ Petition No.5347 of 2024 of M/s. Natekar Construction LLP and another Vs. Mrs.Manjusha Dattatray Ogale and others with connected writ petition.

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