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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…

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Under section 44 of the Transfer of Property Act, 1882, what may a legally competent co-owner of immovable property transfer?

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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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