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Section37
The Transfer of Property Act, 1882

Apportionment of benefit of obligation on severance

In force From 01 Jul 1882 Act 4 of 1882 As on 16 Oct 2026

Act 4 of 1882 Ministry Law and Justice Enacted 17 Feb 1882 In force 01 Jul 1882

Section 37 of the Transfer of Property Act, 1882 deals with apportionment of benefit of obligation on severance. When, in consequence of a transfer, property is divided and held in several shares, and thereupon the benefit of any obligation relating to the property as a whole passes from one to several owners of the property, the corresponding duty shall, in the absence of a contract to the contrary amongst th The Act came into force on 01 Jul 1882.

When, in consequence of a transfer, property is divided and held in several shares, and thereupon the benefit of any obligation relating to the property as a whole passes from one to several owners of the property, the corresponding duty shall, in the absence of a contract to the contrary amongst the owners, be performed in favour of each of such owners in proportion to the value of his share in the property, provided that the duty can be severed and that the severance does not substantially increase the burden of the obligation; but if the duty cannot be severed, or if the severance would substantially increase the burden of the obligation the duty shall be performed for the benefit of such one of the several owners as they shall jointly designate for that purpose:

Provided that no person on whom the burden of the obligation lies shall be answerable for failure to discharge it in manner provided by this section, unless and until he has had reasonable notice of the severance.

Nothing in this section applies to leases for agricultural purposes unless and until the State Government by notification in the Official Gazette so directs.

Illustrations

(a) A sells to B, C and D a house situated in a village and leased to E at an annual rent of Rs. 30 and delivery of one fat sheep, B having provided half the purchase-money and C and D one quarter each. E, having notice of this, must pay Rs. 15 to B, Rs. 7.50 to C, and Rs. 7.50 to D, and must deliver the sheep according to the Joint direction of B, C and D.

(b) In the same case, each house in the village being bound to provide ten days' labour each year on a duke to prevent inundation E had agreed as a term of his lease to perform this work for A. B, C and D severally require E to perform the ten days' work due on account of the house of each. E is not bound to do more than ten days' work in all, according to such directions as B, C and D may join in giving.

Section 37, The Transfer of Property Act, 1882 (Act 4 of 1882).

Questions about Section 37

What does Section 37 of the Transfer of Property Act deal with?

Section 37 of the Transfer of Property Act is headed "Apportionment of benefit of obligation on severance". When, in consequence of a transfer, property is divided and held in several shares, and thereupon the benefit of any obligation relating to the property as a whole passes from one to several owners of the property, the corresponding duty shall, in the absence of a contract to the contrary amongst th

How do I find court cases under Section 37 of the Transfer of Property Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 37, section 37 TP Act, section 37 of the Transfer of Property Act. People searching for it also type 37 tampa and tampa 37u football. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

When did Section 37 of the Transfer of Property Act come into force?

Section 37 of the Transfer of Property Act, cited as TP Act 37, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.