Where a person purports to create by transfer at different times rights in or over the same immoveable property, and such rights cannot all exist or be exercised to their full extent together, each later created right shall, in the absence of a special contract or reservation binding the earlier transferees, be subject to the rights previously created.
CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES · (B) Transfer of Immoveable Property
Section 48: Priority of rights created by transfer
The Transfer of Property Act, 1882
Questions on this section
1 question in 3 of our papers cite Section 48. Try these from the free papers:
1. Assertion (A): Where a person creates by transfer at different times rights over the same immoveable property, and the rights cannot all be exercised to their full extent together, each later right is, in the absence of a special contract or reservation binding the earlier transferees, subject to the rights previously created. Reason (R): Under Section 48 of the Transfer of Property Act, 1882, a later transferee for consideration who had no notice of an earlier right takes priority over that earlier right. Select the correct answer: