Transfer by co-owners of share in common property
Section 47 of the Transfer of Property Act, 1882 deals with transfer by co-owners of share in common property. Where several co-owners of immoveable property transfer a share therein without specifying that the transfer is to take effect on any particular share or shares of the transferors, the transfer, as among such transferors, takes effect on such shares equally where the shares were equal, and where the The Act came into force on 01 Jul 1882.
Where several co-owners of immoveable property transfer a share therein without specifying that the transfer is to take effect on any particular share or shares of the transferors, the transfer, as among such transferors, takes effect on such shares equally where the shares were equal, and where they were unequal, proprotionately to the extent of such shares.
Illustration
A, the owner of an eight-anna share, and B and C, each the owner of a four-anna share, in mauza Sultanpur, transfer a two-anna share in the mauza to D, without specifying from which of their several shares the transfer is made. To give effect to the transfer one-anna share is taken from the share of A, and half-an-anna share from each of the shares of B and C.
Section 47, The Transfer of Property Act, 1882 (Act 4 of 1882).
Questions about Section 47
What does Section 47 of the Transfer of Property Act deal with?
Section 47 of the Transfer of Property Act is headed "Transfer by co-owners of share in common property". Where several co-owners of immoveable property transfer a share therein without specifying that the transfer is to take effect on any particular share or shares of the transferors, the transfer, as among such transferors, takes effect on such shares equally where the shares were equal, and where the
How do I find court cases under Section 47 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 47, section 47 TP Act, section 47 of the Transfer of Property Act. People searching for it also type tampa 47 hat. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 47 of the Transfer of Property Act come into force?
Section 47 of the Transfer of Property Act, cited as TP Act 47, 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.
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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 15 Oct 2026. This page is not a substitute for legal advice.