Transfer by one co-owner
Section 44 of the Transfer of Property Act, 1882 deals with 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 p The Act came into force on 01 Jul 1882.
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.
Section 44, The Transfer of Property Act, 1882 (Act 4 of 1882).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kammana Sambamurthy (d) by Lrs vs Kalipatnapu Atchutamma
Court's Decision & Legal Precedent
When an agreement of sale is executed by a vendor for the entire property, but it later transpires that the vendor is only a co-owner and does not have full title due to a co-owner spouse's undivided share in ancestral property: (1) The agreement is binding on the vendor to the extent of his own share; (2) Specific performance can be granted for the vendor's share even if the co-owner spouse is not party to the agreement and does not consent; (3) This is not a case of partial specific performance under Section 12 of the Specific Relief Act, but rather a case of whole performance of the vendor's contract obligation to sell his own share; (4) The contract is severable between the vendor's share and the co-owner's share; (5) The vendee, after obtaining the sale deed for the vendor's share, has the right to apply for partition and get his demarcated share; (6) The non-joinder of the co-owner does not prevent enforcement of the contract against the contracting party (the vendor) to the extent of his share; (7) Doctrine of estoppel and implied authority cannot be used to bind a non-party co-owner who explicitly and timely objected to the agreement.
On this section: The Court briefly noted that Section 44 (relating to rights of transferor's heirs) is also of no help to the case of the vendor's wife in preventing specific performance.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… A substantial question of law arises for consideration before this Court in this second appeal. The substantial question of law is whether the allotment of the dwelling-house in favour of respondent, a stranger to the family, is illegal and in violation of the principles behind Section 44 of the Transfer of Property Act,1882 (hereinafter referred to for short as 'the T.P.Act'). 3. The matter arises out of a suit for partition. The first appellant is the plaintiff. Appellants 2 and 3 are defendants 2 and 3 respectively. As per the preliminary decree passed by the trial court and as modified in …
Questions about Section 44
What have the courts held on Section 44 of the Transfer of Property Act?
Kammana Sambamurthy (d) by Lrs vs Kalipatnapu Atchutamma (08 Oct 2010) is the leading judgment on this section among those set out below: The Court briefly noted that Section 44 (relating to rights of transferor's heirs) is also of no help to the case of the vendor's wife in preventing specific performance.
How do I find court cases under Section 44 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 44, section 44 TP Act, section 44 of the Transfer of Property Act. People searching for it also type tampa 44. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Kammana Sambamurthy (d) by Lrs vs Kalipatnapu Atchutamma (08 Oct 2010).
When did Section 44 of the Transfer of Property Act come into force?
Section 44 of the Transfer of Property Act, cited as TP Act 44, 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
- 55. Rights and liabilities of buyer and seller1096 words
- 108. Rights and liabilities of lessor and lessee1030 words
- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
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 14 Oct 2026. This page is not a substitute for legal advice.