Section 36 of Transfer of Property Act - Apportionment of periodical payments on determination of interest of person entitled

Section 36 Transfer of Property Act Description

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 Government] by notification in the Government Gazette so directs.

Illustrations.

(a) A sells to B, C and D a house situate 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 � to C and Rs. 7� 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 day's labour each year on a work 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 day's work due on account of the house of each. E is not bound to do more than ten day's work in all, according to such directions as B, C and D may join in giving.

(B) Transfer of Immovable Property

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