Is partition of property a transfer of property under the Transfer of Property Act, 1882?
Partition separates or defines co-owners’ existing interests rather than conveying a new title from one person to another under section 5. Registration or stamp obligations…
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Is partition of property a transfer of property under the Transfer of Property Act, 1882?
Answer and explanation
Correct answer B
Partition separates or defines co-owners’ existing interests rather than conveying a new title from one person to another under section 5. Registration or stamp obligations concerning a partition instrument are separate questions. The ordinary partition by agreement is distinguished from a judicial decree or statutory situations where transfer is defined differently; those should not be conflated with the Act’s section 5 definition.
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