Lawgist47Transfer 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 shares 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.
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- 38 Transfer by person authori sed only under certain circumstances to transfer
- 39 Transfer where third person is entitled to maintenance
- 40 Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement
- 41 Transfer by ostensible owner
- 42 Transfer by person having authority to revoke former transfer
- 43 Transfer by unauthorised person who subsequently acquires interest in property transferred
- 44 Transfer by one co-owner
- 45 Joint transfer for consideration
- 46 Transfer for consideration by persons having distinct interests
- 47 Transfer by co-owners of share in common property
- 48 Priority of rights created by transfer
- 49 Transferee's right under policy
- 50 Rent bona fide paid to holder under defective title
- 51 Improvements made by bona fide holders under defective titles
- 52 Transfer of property pending suit relating thereto
- 53 Fraudulent transfer
- 53A Part performance
