A, the owner of an eight-anna share, and B and C, each the owner of a four-anna share, in mauza…
The illustration to section 47 takes "one-anna share" from A and "half-an-anna share" from each of B and C. Where co-owners transfer a share without naming whose share it…
Choose your answer
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 shares it is made. As among A, B and C, how does the transfer take effect?
Answer and explanation
Correct answer B
The illustration to section 47 takes "one-anna share" from A and "half-an-anna share" from each of B and C. Where co-owners transfer a share without naming whose share it comes from, section 47 makes it take effect on their shares equally if they were equal and, if unequal, in proportion to their extent. A holds half the mauza and B and C a quarter each, so A bears half the two annas and B and C a quarter each, not an equal third.
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