Section 46
Transfer for consideration by persons having distinct interests.
The Transfer of Property Act, 1882
About this Act
An Act to amend the law relating to the Transfer of Property by act of Parties.
Where immoveable 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.
Illustration
(a) A, owing a moiety, and B and C, each a quarter share, of mauza Sultanpur, exchange an eighth share of that mauza for a 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 lifeinterest is ascertained to be worth Rs. 600, the reversion Rs. 400. A is entitled to receive Rs. 600 out of the purchase-money. B and C to receive Rs. 4000.
Illustration
(a) a Cowing a moiety, and B and C, each a quarter share, of mauza Sultanpur exchange an eighth share of that mauza for a 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 lifeinterest is ascertained to be worth Rs. 600, the reversion Rs. 400. A is entitled to receive Rs 600 out of the purchase-money. B and C to receive Rs. 4000.
Illustration
(a) A, owing a moiety, and B and C, each a quarter share, of mauza Sultanpur, exchange an eighth share of that mauza for a 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 lifeinterest is ascertained to be worth Rs. 600, the reversion Rs. 400. A is entitled to receive Rs. 600 out of the purchase-money. B and C to receive Rs. 4000.
Illustration
(a) a Cowing a moiety, and B and C, each a quarter share, of mauza Sultanpur exchange an eighth share of that mauza for a 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 lifeinterest is ascertained to be worth Rs. 600, the reversion Rs. 400. A is entitled to receive Rs 600 out of the purchase-money. B and C to receive Rs. 4000.