Section 44 - Transfer by one co-owner : Transfer of Property Act, 1882

What is the effect of Transfer by one co-owner? Section 44 of Transfer of Property Act, 1882

 

Section 44 of Transfer of Property Act 1882 : "Transfer by one co-owner"

44. Where one of two or more co-owners of immovable 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.