Section 46 The Transfer of Property Act, 1882

 

 Section 46 The Transfer of Property Act, 1882: 

Transfer for consideration by persons having distinct interests.—Where immoveable property is transferred for consideration by persons having distinct interests therein, the transferors are, in the absence of a contract to the contrary, entitled to share in the consideration equally, where their interests in the property were of equal value, and, where such interests were of unequal value, proportionately to the value of their respective interests. Illustration

(a) A, owing a moiety, and B and C, each a quarter share, of mauza Sultanpur, exchange an eighth share of that mauza for a quarter share of mauza. There being no agreement to the contrary, A is entitled to an eighth share in Lalpura, and B and C each to a sixteenth share in the mauza.

(b) A, being entitled to a life-interest in mauza Atrali and B and C to the reversion, sell the mauza for Rs. 1,000. A’s life-interest is ascertained to be worth Rs. 600, the reversion Rs. 400. A is entitled to receive Rs. 600 out of the purchase-money. B and C to receive Rs. 400.

Supreme Court of India Important Judgments And Leading Case Law Related to Section 46 The Transfer of Property Act, 1882: 

Fulchand Munda vs State Of Bihar & Ors on 24 January, 2008

Dr. Rajendra Prakash Sharma vs Gyan Chandra & Ors on 27 March, 1980

Brisa Munda vs Chanoo Kumari @ Most Dumari And Ors on 16 November, 1995

Patel Rambhai Bacharbhai & Anr vs Patel Dahyabhai Becharbhai

Dr. H. S. Rikhy And Others vs The New Delhi Municipal Committee on 13 September, 1961

Noor Mohd. Khan Ghouse Khan vs Fakirappa Bharmappa  on 28 April, 1978

Ram Gopal Reddy vs Additional Custodian Evacuee on 6 January, 1966

C. Abdul Shukoor Saheb vs Arji Papa Rao And Others on 14 November, 1962

Vidya Drolia vs Durga Trading Corporation on 28 February, 2019

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