Transfer of joint property

No. According to Transfer of property Act, 1956 if two co owner buys one unpartitioned joint property , any of the co-owner doesnt have the right to either transfer or sell his property.
In case of joint property you can only transfer the entire property to single owner or other co-owner and to transfer a part or share of the property there is the need of partion of the property primarily.

But section 44 of Transfer of Property Act is mentioning that such transfer is allowed.

Please find below statement of section 44

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.

Please follow section 44 of the TP Act. You can7 also seek aclarification from the sub registrar in case it ismanned by any state G.O's.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

Does that mean what Kirti mentioned above is correct ?