Legal World

Section 45 TPA — Joint transfer for consideration

The Transfer of Property Act, 1882 · Official PDF page 18

Open in NyayaOfficial PDF, page 18

45. Joint transfer for consideration .—Where immoveable property is transferred for consideration to two or more persons and such consideration is paid out of a fund belonging to them in common, they are, in the absence of a contract to the contrary, respectivel y entitled to interests in such property identical, as nearly as may be, with the interests to which they were respectively entitled in the fund; and, where such consideration is paid out of separate funds belonging to them respectively, they are, in the absence of a contract to the contrary, respectively entitled to interests in such property in proportion to the shares of the consideration which they respectively advanced. In the absence of evidence as to the interests in the fund to which they were respe ctively entitled, or as to the shares which they respectively advanced, such persons shall be presumed to be equally interested in the property.

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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