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Which transfer of an interest in immovable property does section 44 of the Transfer of Property Act, 1882 expressly address?

Question and options

Which transfer of an interest in immovable property does section 44 of the Transfer of Property Act, 1882 expressly address?

  1. Two co-owners jointly transfer a single share.

  2. One competent co-owner transfers their own share.

  3. A co-owner transfers a different co-owner’s share.

  4. All co-owners transfer the whole property together.

Answer and explanation

Correct answer: B - One competent co-owner transfers their own share.

Section 44 addresses transfer of a share or interest in immovable property by one competent co-owner. The transferee generally acquires the corresponding rights of common enjoyment and partition, subject to existing conditions and liabilities. An outsider who buys a share in an undivided family dwelling house does not acquire joint possession or common enjoyment under section 44.

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