Transfer by co-owners of share in common property

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Transfer by co-owners of share in common property

Unread postby Admin » Sun Mar 13, 2016 8:53 am

Transfer by co-owners of share in common property.
Where several coowners of immovable 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. Illustration A, the owner of an eight-anna share and B and C, each the owner of a four-anna share, in the mauza 37[Ulipur]; 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.
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