Transfer of Property Act Section 36 — Apportionment of periodical payments determination of interest of person entitled
CHAPTER I PRELIMINARY
General
Summary
If there is no agreement or local custom saying otherwise, income like rent, annuities, pensions, dividends, and other regular payments is treated as being earned day by day when the right to receive it is transferred. This means the income is divided proportionally between the old owner and the new owner based on how many days each held the right. However, the actual payment is still only made on the regular scheduled payment date.
Official Text
In the absence of a contract or local usage to the contrary, all rents annuities, pensions, dividends and other periodical payments in the nature of income shall, upon the transfer of the interest of the person entitled to receive such payments, be deemed, as between the transferor and the transferee, to accrue due from day to day, and to be apportionable accordingly, but to be payable on the days appointed for the payment thereof.
Referred to by
Related Judgments
- Bungalows Junction, J.P. Road; Versova, Andheri (West); Mumbai – 400 0 vs 1., Maharashtra Industrial Development ), Corporation, through its Chi — Bombay High Court (Mumbai Principal Seat) (2023)
- The Hon’ble Justice Partha Sarathi Sen; WPA 3419 of 2025; Nanney Khan vs The State of West Bengal & Ors., With, WPA 4469 of 2025, Md. Faisal Hu — Calcutta High Court (Kolkata Principal Seat) (2025)
- AVERY INDIA LTD. vs NIRMAL KUMAR JAIN AND ANR — Delhi High Court (2018)
