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Section 47: Transfer by co-owners of share in common property.

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

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.

Where this provision sits

ActThe Transfer of Property Act, 1882
Section47
Marginal noteTransfer by co-owners of share in common property.
JurisdictionCentral
StatusIn force as published by the source

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