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Section 44: Transfer by one co-owner.

The Transfer of Property Act, 1882Central Act · Act 4 of 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.

Where this provision sits

ActThe Transfer of Property Act, 1882
Section44
Marginal noteTransfer by one co-owner.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it2

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