Section 44 The Transfer of Property Act, 1882

 


 Section 44 The Transfer of Property Act, 1882: 

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.




Supreme Court of India Important Judgments And Leading Case Law Related to Section 44 The Transfer of Property Act, 1882: 

Dorab Cawasji Warden vs Coomi Sorab Warden & Ors on 13 February, 1990

Srilekha Ghosh (Roy) & Anr vs Partha Sarathi Ghosh on 9 July, 2002

Ghantesher Ghosh vs Madan Mohan Ghosh & Ors on 18 September, 1996

State Of Uttar Pradesh vs Kunwar Sri Trivikram Narain Singh on 22 August, 1961

Pramod Kumar Jaiswal And Others vs Bibi Husn Bano & Ors on 3 May, 2005

State Of West Bengal And Ors vs Suburban Agriculture Dairy & on 3 May, 1993

Narashimaha Murthy vs Smt. Susheelabai & Ors on 17 April, 1996

Gurbaksh Singh vs Nikka Singh on 14 September, 1962

Gautam Paul vs Debi Rani Paul And Ors on 17 October, 2000

Rana Sheo Ambar Singh vs Allahabad Bank Ltd., Allahabad on 27 April, 1961





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