Transfer of Property Act, 1882

Section 105

Transfer of property by one co-owner, when the interest of the transferor is a mere right to a share of the profits

⚡ Quick Answer Reference: Section 105 TPA

Provision: Section 105 of TPA
Act: Transfer of Property Act, 1882
Classification: property
Jurisdiction: India

Statutory Content

What does Section 105 of TPA say?

Where one co-owner of property transfers his share of such property, and the interest of the transferor is a mere right to a share of the profits, the transfer does not, by reason only of the co-ownership, require any assurance that the interest transferred was free from encumbrances. The transferee has the same title as that of the transferor, and the transferor and the transferee are severally responsible to the other co-owners for the share of the transferor. The transferor and the transferee are also severally responsible to the transferee for the share of the transferor.

Indian StandardSection 105, Transfer of Property Act, 1882

Bluebook (21st ed.)Transfer of Property Act, 1882, § 105 (India)

Court Pleading StandardSection 105 of the Transfer of Property Act, 1882

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

Common Questions about Section 105 TPA

What is Section 105 of TPA?

Section 105 of the Transfer of Property Act, 1882 (TPA) defines and regulates "Transfer of property by one co-owner, when the interest of the transferor is a mere right to a share of the profits". The section states: Where one co-owner of property transfers his share of such property, and the interest of the transferor is a mere right to a share of the profits, the transfer does not, by reason ...

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