Transfer of Property Act Section 44 — Transfer by one co-owner
CHAPTER I PRELIMINARY
General
Summary
If one of several co-owners of property transfers their share to someone else, the new owner gets the same right to use and enjoy the property jointly with the others, and can ask for the property to be divided. However, this right comes with the same conditions and responsibilities that applied to the share at the time of the transfer. If the property is a dwelling-house belonging to an undivided family, and the new owner is not a family member, they do not get the right to live in or jointly use the house.
Official Text
Where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give effect to the transfer, the transferor's 1. The Illustrations omitted by Act 20 of 1929, s. 11. 2. Subs. by s. 12, ibid., for “of the latter property or to compel its enjoyment in a particular manner”. 3. Ins. by s. 13, ibid. right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred. Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.