Section 47 of the Transfer of Property Act, 1882: Transfer by Co-owners of Share in Common Property
Section 47 explains how a jointly transferred share in immovable property is apportioned among co-owners when the transfer does not identify which co-owner's interest is being conveyed.
Complete text of Section 47
47. Where several co-owners of immovable 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, proportionately to the extent of such shares.
Statutory 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.
Meaning and scope of Section 47
When several co-owners together convey an undivided share in immovable property, their deed may not specify whether the transferred interest comes from one owner's share or from all their shares. Section 47 supplies a default allocation rule as among the transferors. If the co-owners hold equal shares, the burden of the transfer is divided equally. If they hold unequal shares, it is divided proportionately to their respective interests.
Conditions for application
- There must be several co-owners of the same immovable property.
- They must transfer a share in that property.
- The transaction must not specify which particular transferor's share or shares will bear the transferred interest.
- The allocation is calculated with reference to the relative size of the transferors' existing shares.
How the statutory illustration works
The illustration uses the historical anna system, under which sixteen annas represent the whole interest. A owns eight annas (one-half); B and C own four annas (one-quarter) each. Together they transfer two annas to D without identifying the contributing shares. The burden is allocated in the ratio 8:4:4, so A contributes one anna, while B and C each contribute half an anna. The illustration establishes proportional allocation, not an equal one-third deduction from each co-owner.
Example using percentages
Suppose A owns 50%, B owns 30% and C owns 20% of a property. They jointly convey an undivided 10% share without specifying the contributing interests. Applying Section 47 proportionately, A's interest bears 5 percentage points, B's bears 3, and C's bears 2. Their remaining interests would be 45%, 27% and 18%, while the transferee obtains 10%, assuming the transfer is otherwise legally effective.
Important expressions
Co-owner
A person who holds an ownership interest in immovable property jointly or in common with another. Section 47 is concerned with the allocation of a jointly transferred share among such owners.
Share in common property
An ownership fraction or interest in property held by more than one owner; an undivided share does not necessarily correspond to a physically demarcated portion.
Transfer
Under Section 5 of the Transfer of Property Act, transfer of property generally means an act by which a living person conveys property, in present or future, to one or more other living persons or to himself and others. The form and validity of a particular transaction remain subject to the other applicable provisions of law.
Relationship with Sections 44, 45 and 46
Section 44 addresses the rights generally acquired by a transferee from one co-owner. Section 45 determines buyers' respective interests when property is jointly acquired for consideration. Section 46 allocates consideration among transferors having distinct interests. Section 47 instead identifies how the transferred share is borne among multiple co-owners who have not specified the contributing shares.
Practical considerations
Before applying the proportional rule, examine the title documents, the actual fractional interests, and the language of the conveyance. If the deed expressly identifies which owner's share is being transferred, the premise for Section 47's default allocation may not arise. Requirements concerning capacity, registration, stamp duty and other applicable property laws should be examined separately; Section 47 does not by itself cure an otherwise invalid conveyance.
Frequently asked questions
What does Section 47 of the Transfer of Property Act provide?
Where several co-owners jointly transfer a share without identifying which transferor's share bears the transfer, the burden falls equally on equal shares or proportionately on unequal shares.
Does Section 47 apply when the deed identifies the specific shares being transferred?
The statutory rule addresses transfers that do not specify the particular share or shares from which the transferred interest is to be taken.
How are unequal co-ownership shares treated?
The transferred share is apportioned among the transferors in proportion to the extent of their existing shares.
How is Section 47 different from Section 46?
Section 46 addresses division of consideration received by persons having distinct interests; Section 47 allocates the interest conveyed when co-owners transfer a share without identifying whose shares bear it.
Official legal source
Refer to the Transfer of Property Act, 1882 on India Code for the official legislation and amendments.