Section 37 - Apportionment of benefit of obligation on severance : Transfer of Property Act, 1882
What is Apportionment of benefit of obligation on severance? Section
37 of Transfer of Property Act, 1882
Section 37 of Transfer of Property Act 1882 : "Apportionment of
benefit of obligation on severance"
37. When, in consequence of a transfer, a
property is divided and held in several shares, and
thereupon the benefit of any obligation relating to
the property as a whole passes from one to several
owners of the property, the corresponding duty
shall, in the absence of a contract to the contrary
amongst the owners, be performed in favour of each
of such owners in proportion to the value of his
share in the property, provided that the duty can be
severed and that the severance does not
substantially increase the burden of the obligation;
but if the duty cannot be severed, or if the
severance would substantially increase the burden of
the obligation, the duty shall be performed for the
benefit of such one of the several owners as they
shall jointly designate for that purpose:
Provided that no person on whom the burden of the obligation
lies shall be answerable for failure to discharge it in manner
provided by this section, unless and until he has had reasonable
notice of the severance.
Nothing in this section applies to leases for
agricultural purposes unless and until the State
Government by notification in the Official Gazette
(a) A sells to B,C and D a house situate in a village and leased
to E at an annual rent of Rs. 30 and delivery of one fat sheep,
B having provided half the purchase money and C and D one
quarter each. E, having notice of this, must pay Rs. 15 to B, Rs.
7½ to C, and Rs. 7½ to D, and must deliver the sheep according
to the joint direction of B,C and D.
(b) In the same case, each house in the village being bound
to provide ten days' labour each year on a dyke to prevent
inundation. E had agreed as a term of his lease to perform this
work for A, B, C and D severally require E to perform the ten
days' work due on account of the house of each. E is not bound
to do more than ten days' work in all, according to such
directions as B,C and D may join in giving.