Legal World

Section 44 TPA — Transfer by one co -owner

The Transfer of Property Act, 1882 · Official PDF page 17

Open in NyayaOfficial PDF, page 17

44. Transfer by one co -owner.—Where one of two or more co -owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give effect to the transfer, the transferor's

1. The Illustrations omitted by Act 20 of 1929, s. 11. right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred. Where the transferee of a share of a dwelling -house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.

Text extracted from the official PDF (India Code source copy; consolidation date not certified). Line breaks and footnote marks may differ; the PDF is the authority.

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