Section 44 and 47 II Transfer of Property Act,1882 #section44 #section47 #tpa1882

Section 44 and 47 II Transfer of Property Act,1882 #section44 #section47 #tpa1882

This video covers the topics -

Section 44 (Bare Act)
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 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.

Case Law-
 Baldev Singh v. Darshan Devi 
where a co-owner who is not in actual physical possession over parcel of land cannot transfer a valid title of that portion of the property. Here the remedy available to the transferee would be to get a share out from the property allotted after the partition or to get a decree for joint possession or can claim compensation from the co-owner

Section 47(Bare Act)
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, proportionately to the extent of such shares.
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#section45, #section47, #transferbyoneco-owner
#transferbyco-ownersofshareincommonproperty
#transferofpropertyact1882
#sec44&47oftpa
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For more videos click on the link-

Rule against perpetuity : Section 14 Transfer of Property Act II #section14transferofpropertyact1882

Condition Restraining Alienation (Section 10)

Restriction Repugnant to Interest Created (Sec. 11)

Condition Making Interest Determinable on Insolvency or Attempted alienation (Sec. 12)

Transfer for benefit of unborn person (Sec. 13)

Oral Transfer of Property (Sec. 9)

Operation of Transfer (Sec. 8)

Person Competent to Transfer (Sec.7)

Transfer of property act 1882

Movable and Immovable Property

Instrument and attestation

Actionable Claim

Notice - Actual Notice I Constructive Notice

Essentials of Transfer of Property

Crime and Elements of Crime

Stages of Crime

General Exceptions (Part 3)
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Thanks & Regards
Adv. Rahul Chauhan.

[chhotuchinki]

Plzz continue making videos. you are fabulous

[iamindia]

Allah bless on you sir you are great....

[bababisht]

If property got registered on mother and brother as per previous land law of uttarakhand. Do they can sell it now without daughter consent if land is under grampanchayat and residential through 143 in 2019.

[poonambozdar]

Nice sir apka samjhane ka way bhut acha ha lecture samjh me ajata ha

[parveenrathee]

Maine bhot sari vedio dekhi but aapka samjhane ka tarika dusro se bhot achha h

[parveenrathee]

Please Sir make vedio on Transfer of property act chapter II section 48, 49, 50, 51, 52, 53, 53A