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

Section 45: Joint transfer for consideration

The Transfer of Property Act, 1882

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, respectively 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 respectively entitled, or as to the shares which they respectively advanced, such persons shall be presumed to be equally interested in the property.

Questions on this section

2 questions in 13 of our papers cite Section 45. Try these from the free papers:

  1. 1. P and Q buy a plot for Rs 9,00,000 under a registered sale deed in their joint names. P pays Rs 6,00,000 and Q pays Rs 3,00,000, each out of his own separate funds. There is no contract between them about their shares. Under Section 45 of the Transfer of Property Act, 1882:

Practise questions on Transfer of Property Act