Section 37 The Transfer of Property Act, 1882
Section 37 The Transfer of Property Act, 1882:
Apportionment of benefit of obligation on severance.—When, in consequence of a transfer, property is divided and held in several shares, and thereupon the benefit of any obligation relating to the property as a whole passes from one to several owners of the property, the corresponding duty shall, in the absence of a contract, to the contrary amongst the owners, be performed in favour of each of such owners in proportion to the value of his share in the property, provided that the duty can be severed and that the severance does not substantially increase the burden of the obligation; but if the duty cannot be severed, or if the severance would substantially increase the burden of the obligation the duty shall be performed for the benefit of such one of the several owners as they shall jointly designate for that purpose: Provided that no person on whom the burden of the obligation lies shall be answerable for failure to discharge it in manner provided by this section, unless and until he has had reasonable notice of the severance. Nothing in this section applies to leases for agricultural purposes unless and until the State Government by notification in the Official Gazette so directs. Illustration
(a) A sells to B, C and D a house situated in a village and leased to E at an annual rent of Rs. 30 and delivery of one fat sheep, B having provided half the purchase-money and C and D one quarter each. E, having notice of this, must pay Rs. 15 to B, Rs. 7.50 to C, and Rs. 7.50 to D and must deliver the sheep according to the joint direction of B, C and D.
(b) In the same case, each house in the village being bound to provide ten days’ labour each year on a dyke to prevent inundation. E had agreed as a term of his lease to perform this work for A. B, C and D severally require E to perform the ten days’ work due on account of the house of each. E is not bound to do more than ten days’ work in all, according to such directions as B, C and D may join in giving.
Supreme Court of India Important Judgments And Leading Case Law Related to Section 37 The Transfer of Property Act, 1882:
Sk.Sattar Sk.Mohd.Choudhari vs Gundappa Amabadas Bukate on 11 October, 1996
T.Ravi & Anr vs B.Chinna Narasimha & Ors. Etc on 21 March, 2017
State Of Uttar Pradesh vs Kunwar Sri Trivikram Narain Singh on 22 August, 1961
State Of U.P. & Ors vs Maharaja Dharmander Prasad Singh on 17 January, 1989
C. Masilamani Mudaliar & Ors vs The Idol Of Sri on 30 January, 1996
Shankar Narayan Ranade vs Union Of India on 8 February, 1963
Kripa Mangal Karyalaya & Ors vs Nagpur Municipal Corporation & on 12 February, 2015
Murarilal vs Dev Karan on 8 May, 1964
Muramlal vs Dev Karan on 8 May, 1964
Atul Chandra Das(D) Tr.Lrs. vs Rabindra Nath on 4 April, 2019
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