Section 45 of Transfer of Property Act - Joint transfer for consideration

Section 45 Transfer of Property Act Description

Where immovable property is transferred for consideration by persons having distinct interests therein, the transferors are, in the absence of a contract to the contrary, entitled to share in the consideration equally, where their interests in the property were of equal value, and, where such interests were of unequal value, proportionately to the value of their respective interests.

Illustrations

(a) A, owning a moiety, and B and C each a quarter share, of mauza Sultanpur, exchange an eight share of the mauza for quarter share of mauza Lalpura. There being no agreement to the contrary, A is entitled to an eighth share in Lalpura, and B and C each to a sixteenth share in that mauza.

(b) A, being entitled to a life-interest in mauza Atrali and B and C to the reversion, sell the mauza for Rs. 1,000 A's life-interest is ascertained to be worth Rs. 600, the revision Rs. 400. A is entitled to receive Rs. 600 out of the purchase money, B and C to receive Rs. 400.

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