New Upcoming Legal Jobs Free Workshop March 11 at 5 PM. Register here

    Question

    In case of a transfer of dwelling house by one of the

    co-owners____________________
    A Transferee is entitled to it' s joint possession. Correct Answer Incorrect Answer
    B Transferee is not entitled to it's joint possession. Correct Answer Incorrect Answer
    C Transferee is not entitled to it's possession if he is not a member of the family. Correct Answer Incorrect Answer
    D Transferee is not entitled to it's joint possession if he is not a member of the family. Correct Answer Incorrect Answer

    Solution

    As per Transfer of Property Act Section 44. Transfer by one co-owner .—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.

    Practice Next