Transfer of Property Act Section 47 — Transfer by co-owners of share in common property
CHAPTER I PRELIMINARY
General
Summary
When several people jointly own a piece of immovable property and they together transfer part of that property to someone else, without saying which owner’s specific share the transfer comes from, the law divides the transferred portion among the owners in proportion to their original shares. If the owners originally held equal shares, the transferred portion is taken equally from each of them. If their shares were unequal, the transferred portion is taken from each owner in proportion to the size of their original share.
Official Text
Where several co-owners of immoveable property transfer a share therein without specifying that the transfer is to take effect on any particular share or shares of the transferors, the transfer, as among such transferors, takes effect on such shares equally where the shares were equal, and, where they were unequal, proprotionately to the extent of such shares. Illustration A, the owner of an eight-anna share, and B and C, each the owner of a four-anna share, in mauza Sultanpur, transfer a two-anna share in the mauza to D, without specifying from which of their several shares the transfer is made. To give effect to the transfer one-anna share is taken from the share of A, and half-an-anna share from each of the shares of B and C.