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Section 47: Transfer by co-owners of share in common property

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
Section 46 All 137 Sections of Transfer of Property Act Section 48

Legal Commentary & Landmark Judgments: Section 47

Section 47 governs transfers by co-owners of shares in common property, establishing that when a co-owner transfers a specified share, the transfer takes effect out of their share whatever it may be.

  • Co-Owner Share Transfer: Where several co-owners of immoveable property transfer a share therein without specifying that the transfer is to take effect on any particular share.
  • Equitable Apportionment: The transfer, as among such transferors, takes effect: where the shares were equal, equally; and where they were unequal, proportionally to the extent of such shares.
  • Subordination to Partition: Transferee steps into the shoes of the alienating co-owner, acquiring an equity to seek general partition.
Key Landmark Precedents:
  • Ramdas v. Sitabai, (2009) 7 SCC 444: The Supreme Court held that a purchaser of an undivided share from a co-owner under Section 44/47 does not acquire physical possession of a specific room; their sole remedy is to file a suit for partition.
  • G. Rama v. T.G. Seshagiri Rao, (2008) 12 SCC 392: Affirmed that transfers by co-owners take effect strictly within the ceiling of the alienor's actual legal share.
Courtroom Practice & Strategic Litigation Guidance:

Never attempt to take forcible physical possession of a specific portion upon buying an undivided share from a co-owner; file a suit for partition and separate possession in civil court.

Section 46 All 137 Sections of Transfer of Property Act Section 48