Under section 44 of the Transfer of Property Act, 1882, what may a legally competent co-owner of…
Section 44 permits a legally competent co-owner to transfer that co-owner’s share or interest. The transferee ordinarily acquires the corresponding rights of joint…
Choose your answer
Under section 44 of the Transfer of Property Act, 1882, what may a legally competent co-owner of immovable property transfer?
Answer and explanation
Correct answer A
Section 44 permits a legally competent co-owner to transfer that co-owner’s share or interest. The transferee ordinarily acquires the corresponding rights of joint possession, common enjoyment and partition, subject to existing conditions and liabilities. A stranger transferee of a share in an undivided family dwelling house does not thereby gain joint possession or common enjoyment of that house.
Option feedback
Option A
Section 44 permits transfer of the co-owner’s own share or interest.
Option B
The permitted transfer is not confined to possession.
Option C
Section 44 imposes no general restriction to short-term use.
Option D
Section 44 expressly recognises transfer by a competent co-owner.
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