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Section 44 of the Transfer of Property Act, 1882 deals with:

Section 44 of the Transfer of Property Act, 1882 concerns transfer by one co-owner. A competent co-owner can transfer their share or interest in immovable property. To give…

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Section 44 of the Transfer of Property Act, 1882 deals with:

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Answer and explanation

Correct answer C

Section 44 of the Transfer of Property Act, 1882 concerns transfer by one co-owner. A competent co-owner can transfer their share or interest in immovable property. To give effect to the transfer, the transferee acquires the transferor's rights of joint possession or common or part enjoyment and of enforcing partition, subject to the conditions and liabilities affecting the share or interest on the transfer date. Section 44 does not give an outsider who acquires a share in an undivided family's dwelling-house the right to joint possession or common or part enjoyment of the house. Section 52 concerns transfer pending litigation, Section 55 concerns the rights and liabilities of buyers and sellers, and Section 43 concerns a transfer by an unauthorised person who later acquires the interest.

Option feedback

Option A

Incorrect. 'Transfer of property during pendency of a suit' (the doctrine of lis pendens) is governed by Section 52 of the Transfer of Property Act, 1882.

Option B

Incorrect. 'Rights and liabilities of buyer and seller' are governed by Section 55 of the Transfer of Property Act, 1882.

Option C

Correct. Section 44 of the Transfer of Property Act, 1882 deals with 'Transfer by one co-owner' and sets out the rights acquired by the transferee of a co-owner's share in immovable property (subject to the dwelling-house restriction for a stranger transferee).

Option D

Incorrect. 'Transfer of property by an unauthorized person who subsequently acquires interest in the property transferred' (feeding the grant by estoppel) is governed by Section 43 of the Transfer of Property Act, 1882.

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