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CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES · (B) Transfer of Immoveable Property

Section 44: Transfer by one co-owner

The Transfer of Property Act, 1882

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 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.

Leading cases

Questions on this section

2 questions in 6 of our papers cite Section 44. Try these from the free papers:

  1. 1. In Dorab Cawasji Warden v. Coomi Sorab Warden (1990), the Supreme Court held that the second paragraph of Section 44 of the Transfer of Property Act, 1882, which deals with a share of a dwelling-house belonging to an undivided family:

Practise questions on Transfer of Property Act