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Rajkamal Apartment B   04 January 2022

Definition of resident

If a married daughter has Co ownership with her mother of a residential flat, but doesn't stay there, can she still claim to be a resident of that residential society?


Learning

 3 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     05 January 2022

If she possess any other document to prove that she is a residing there at any point of time, then she can be stated as Resident

Aryan Raj   05 January 2022

In response to your query, 

A person doesn't need to be staying in the hose or property physically to be called as a resident if he/she is a legal resident of the country and pays taxes for the co ownership of the property and has all the relevant documents related to the house ownership then he/she cannot be dismissed from the title of co owner of the property. Therefore in the given case the daughter can still be a resident of the house even she is not staying there.

The residential status of a person is defined in the Income tax act, 1961.

Regards,

Aryan Raj 

Mansha Kathuria   11 January 2022

Every joint or co-owner has a proprietary right to the entire property under the Transfer of Property Act. A person does not have to be physically present in the house or property to be considered a resident; if he or she is a legal resident of the country, pays taxes for co-ownership of the property, and has all of the necessary documents, he or she cannot be removed from the title of co-ownership of the property. The Income Tax Act of 1961 defines a person's residence status. A co-owner is entitled to three essentials of ownership:

·      Right to possession

·      Right to use

·      Right to dispose off his/her share of the property if it is clearly stated, in the deed.

Therefore, if a co-owner is deprived of his property, he has the right to reclaim it. As a result, even though the daughter is not residing at the residence, she might still be considered a resident.


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