Section 43 of Transfer of Property Act - Transfer by unauthorised person who subsequently acquires interest in property transferred

Section 43 Transfer of Property Act Description

Where one of two or more coowners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires, as to such share of 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 join possession or other common or part enjoyment of the house.

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