Legal World

Section 47 TPA — Transfer by co -owners of share in common property

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

Open in NyayaOfficial PDF, page 18

47. Transfer by co -owners of share in common property .—Where several co-owners of immoveable property transfer a share therein without specifying that the transfer is to take effect on any particular share or shares of the transferors, the transfer, as among such transferors, takes effect on such shares equally where the s hares were equal, and , where they were unequal, proprotionately to the extent of such shares.

Illustration A, the owner of an eight -anna share, and B and C, each the owner of a four -anna share, in mauza Sultanpur, transfer a two-anna share in the mauza to D, without specifying from which of their several shares the transfer is made. To give effect to the transfer one -anna share is taken from the share of A, and half -an-anna share from each of the shares of B and C.

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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