Whether transfer of property only by one of the competent co-owner of the property is legal?
A. Yes
B. No
C. Yes, only if court permits
D. None of the above
Answer: Option D
This Question Belongs to Law >> Transfer Of Property Act
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Related Questions on Transfer of Property Act
A. Section 13
B. Section 14
C. Section 15
D. Section 16
Case of "Raj Kumar Kundu v. Mcqueen" is related to
A. Lis pendens
B. Part performance
C. Mortgage
D. Ostensible owner
A. Transfer by ostensible owner of the property for consideration
B. Transfer by owner of the property in which a widowhas life interest for maintenance
C. Both A and B
D. Neither A nor B
Which property cannot be transferred?
A. A public office
B. A mere chance to succeed
C. A mere right of re-entry
D. All of the above
The correct answer is A. Yes.
While it might seem like you would need everyone's permission to sell a piece of shared property, the law allows a single co-owner to transfer their specific "share" or "interest" in that property.
1. The Legal Basis: Section 44 of the TPA
Under Section 44 of the Transfer of Property Act, 1882, if one of two or more co-owners of immovable property is legally competent to contract, they can transfer their share of the property.
The person who buys that share (the transferee) steps into the shoes of the co-owner and gets:
The right to joint possession or common enjoyment of the property.
The right to enforce a partition (to legally separate their share from the rest).