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
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.