The Transfer of Property Act, 1882 lays down that when one of the co-owners of an immovable property who is legally competent in that behalf, transfers his share or interest in such property, the transferee acquires all rights as to such share or interest in the property in order to give effect to such transfer. The transferee would acquire the transferor’s right to joint possession or other common or part enjoyment of the property and to enforce a partition of the same property. However, these rights would be subject to the conditions and liabilities affecting the share or interest so transferred as on the date of the transfer. Where one of the co-owner transfers the share of a dwelling house belonging to an undivided family and the transferee is not a member of such family, the transferee shall not be entitled to joint possession or other common or part enjoyment of the property.
