Section 45 The Transfer of Property Act, 1882

 


 Section 45 The Transfer of Property Act, 1882: 

 Joint transfer for consideration.—Where immoveable property is transferred for consideration to two or more persons and such consideration is paid out of a fund belonging to them in common, they are, in the absence of a contract to the contrary, respectively entitled to interests in such property identical, as nearly as may be, with the interests to which they were respectively entitled in the fund; and, where such consideration is paid out of separate funds belonging to them respectively, they are, in the absence of a contract to the contrary, respectively entitled to interests in such property in proportion to the shares of the consideration which they respectively advanced. In the absence of evidence as to the interests in the fund to which they were respectively entitled, or as to the shares which they respectively advanced, such persons shall be presumed to be equally interested in the property.




Supreme Court of India Important Judgments And Leading Case Law Related to Section 45 The Transfer of Property Act, 1882: 

Naresh vs Hemant on 19 November, 2019

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

Shri Kartikeya V.Sarabhai vs The Commissioner Of Income Tax on 4 September, 1997

Gannmani Anasuya & Ors vs Parvatini Amarendra Chowdhary & on 17 May, 2007

Vasantkumar Radhakisan Vora vs Board Of Trustees Of The Port Of  on 21 August, 1990

Commissioner Of Income Tax vs Balbir Singh Maini on 4 October, 2017

Raj Narain Pandey & Ors vs Sant Prasad Tewari & Ors on 31 October, 1972

Babulal Badriprasad Varma vs Surat Municipal Corpn. & Ors on 2 May, 2008

Sri Marcel Martins vs M. Printer & Ors on 27 April, 2012

Vinay Eknath Lad vs Chiu Mao Chen on 18 December, 2019





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