Introduction

The term 'property' in common parlance indicates a property held by an individual to draw out benefit from it. Transfers are
made by owners, co-owners or we can say joint owners. When two or more persons enjoy common ownership of a property, for
example say in a coparcenary, the male members and now even daughters have a common and an equal interest in the ancestral
property, any co-owner can transfer his own share in the property to a stranger or another co-owner. And that transferee steps in
the shoes of the co-owner (transferor) and gets clothed with all his assets and liabilities. We can say that the transferee becomes
the co-owner.
Section 44 of the Transfer of Property Act, 1882, deals with transfers by one co-owner. It also deals with the rights of a transferee
in this type of a transaction.
Link to Bare Act-

 Transfer of Property Act,1882

The transferee steps into the shoes of his transferor ie the co-owner, and is clothed with all the rights and becomes subject to all
the liabilities of his transferor. In short, we can say that he becomes as much a co-owner as his transferor was before the transfer.
Following are his rights after the transfer-
Right to joint possession
Every joint owner or co-owner of property has a proprietary right in the whole estate. After the transfer, the transferee becomes
the co-owner and gets all his rights. He also has the right to joint possession in property except a dwelling house. If a co-owner or
his transferee is ousted from joint possession, he is entitled to joint possession by a suit, and is not necessary forced to sue for
partition. A co-sharer can sue for possession either for the benefit of the entire body of co-sharers or for the partition and
possession of the plaintiffs share.
Right to peaceful possession
If instead of remaining in exclusive possession of his separate plot, the co-owner transfers it, his transferee cannot be disturbed by
the other co-owners until and unless a final partition takes place. It was also held that where a tenant of a land who derives his
title from all co-owners cannot be disturbed by one co-owner without the consent of all. But where the co-owners are enjoying
the common property in separate plots for the sake of convenience, the court will not decree to one co-owner joint possession of
the portion in the actual cultivation of the other.
Right to make improvements
If a co-owner can make out a case that he is entitled to make construction on any part of the joint land, he should be allowed to do
so. But he is not entitled to make construction on any other portion of the joint holding or to the detriment of the other co-owners.
Right to enforce partition
In all cases of joint partnership, each party has a right to demand and enforce a partition; in other words a right to be placed in a
position to enjoy his own right separately without interruption and interference by others. Under this section, not only a transferee
of a share in the property but a transferee of any interest can sue for partition. A lessee, a mortgagee and even a life tenant is
entitled to seek partition so far it is necessary to give effect to the transfer.
A claim of partition will only be refused on the ground of inconvenience. Partition does not depend on the duration of right. In
a celebrated case a monthly tenant was also entitled to partition just to protect the rights of the plaintiffs. But a partition effected
at the instance of a person having a temporary interest, lasts only till the expiry of that interest.
The transferee also gets the liabilities with all the benefits. The rights of the transferee are subject to the conditions and liabilities
that attach at the date of the transfer to the share or interest so transferred.
Links to Property Laws

 Administration of Evacuee Property Act,1950

 Benami Transactions (Prohibition) Act,1988
 Benami Transactions (Prohibition) Amendment Act,2015
 Hindu Disposition of Property Act,1916
 Powers of Attorney Act,1882
 Presidency-Towns Insolvency Act,1909
 Public Premises (Eviction of Unauthorised Occupants) Act,1971
 Requisitioned Land (Apportionment of Compensation) Act,1949
 Requisitioning and Acquisition of Immovable Property Act,1952
  Slum Areas (Improvement and Clearance) Act,1956
 Transfer of Property Act,1882
 Urban land (Ceiling and Regulation) Act,1976
 Urban Land (Ceiling and Regulation) Repeal Act,1999
 Waste Lands (Claims) Act,1863
Agreement for Sale of Leasehold Property

THIS AGREEMENT is made at ____ this ________ day of ______ between Mr. A residing at __________ hereinafter referred
to as the ‘Vendor’ of the One Part and Mr. B residing at _____________________ hereinafter referred to as the ‘Purchaser’ of
the Other part.
WHEREAS –
1. By a Deed of Lease Dated the _________ day of _______ made between Mr. ____________ therein referred to as the Lessee
of the One Part and the Vendor therein referred to as the Lessee of the Other Part and registered at _______ under Sr. No. _____
of Book No. 1, at the office of the sub Registrar at _______ the said Lessor has demised unto the Vendor the land and Premises
situated at ______ and more particularly described in the Schedule hereunder written for a period of 999 years, from the day of
____ at the yearly rent of Rs. _______ and on the covenants, terms and conditions therein mentioned.
2. The said Lese is still valid and subsisting.
3. The purchaser has offered to purchase the leasehold land and premises and the Vendor has agreed to sell the same and to
assign the said lease on the terms and conditions agreed upon and hereinafter set out.
NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS :
1. The Vendor shall sell and assign to the Purchaser the said land and premises described in the Schedule hereunder written and
assign the said lease for all the residue of the unexpired period of the said lease and subject to the rent reserved by and to the
terms, covenants and conditions contained therein and the Purchaser has agreed to purchase the said land and premises subject to
the said lease, at the price of Rs. ____ out of which the Purchaser has paid to the Vendor a sum of
Rs. ______ as earnest money on the execution of this agreement (receipt whereof the Vendor hereby admits) and the balance of
Rs. ________ is agreed to be paid on the completion of the sale.
2. The Vendor shall make out a marketable title to the said leasehold property free from encumbrances and reasonable doubts.
The root of title will be the said Deed of Lease and the Vendor will not be bound to make out a marketable title to the property so
far as the said Lessor is concerned.
3. The Vendor shall deliver the title deeds relating to the said property in his possession or power within eight days from the date
hereof for inspection thereof by the Purchaser or his Advocate for investigation of title. The said documents may be handed over
to the Purchaser’s Advocate against his personal accountable receipt for the sake of convenience, if so required by the
Purchaser’s Advocate.
4. If the Purchaser shall insist on any requisition or objection of any kind which the Vendor shall be unable or unwilling to
remove or comply with, the Vendor may (notwithstanding any intermediate negotiation or litigation in respect thereof) give
notice in writing to the Purchaser or his Advocate of the intention of the Vendor to rescind this contract unless such requisition or
objection shall be withdrawn and if such notice shall be given and the requisition or objection shall not be withdrawn within 7
days after the day on which the notice was sent, this contract shall, without further notice, stand rescinded. The Vendor shall
thereupon return to the Purchaser the said earnest money but without any interest, costs or other compensation or payment
whatsoever.
5. The Vendor will obtain the written consent of the lessor to the assignment of the Lease as a condition precedent to the
completion of the sale.
6. The outgoings in respect of the said property by way of property taxes, ground rent, land revenue payable by the Lessee till the
completion of the sale will be paid by the Vendor and thereafter they will be paid by the Purchaser and the same if necessary will
be apportioned as on the date of completion of this transaction.
7. The sale will be completed within a period of four months from the date thereof.
8. The sale will be completed by the Vendor executing a Deed of Assignment in favour of the Purchaser or his nominee paying
the balance of the said price.
9. The draft of the Deed of Assignment will be prepared by the Purchaser’s Advocate and will be approved by the Vendor’s
Advocate.
10. On completion of the sale as aforesaid, the Vendor will give possession of the said property to the Purchaser by delivering
vacant possession of such portion thereof as is vacant and by attorning tenants of such portion thereof as are occupied by them to
the Purchaser.
11. The Vendor declares that the said property is not subject to any acquisition or requisition and no notice has been received by
him for carrying out any heavy or structural repairs. If any notice for acquisition or requisition or structural repairs is issued and
received by the Vendor before completion of Assignment, the Purchaser will have the option to cancel this agreement and in that
event the Vendor will return the earnest money paid to him by the Purchaser.
12. If the Vendor fails to make out a marketable title as aforesaid, the Purchaser will have the right to cancel this agreement by
giving atleast fifteen days prior notice to the Vendor to that effect and on the expiration of the said period, the agreement shall
stand terminated and in that event the Vendor will return the earnest money to the Purchaser and each party will bear and pay the
costs of and incidental to this Agreement.
13. If the Vendor makes default in completing the sale within the stipulating period, the Purchaser shall have the right to make
time essence of the contract and to cancel this agreement thereafter by giving atleast fifteen days notice in writing to the Vendor
to that effect and on the cancellation of the agreement, the Purchaser shall be entitled to claim and recover from the Vendor not
only the said amount of earnest money but also all costs, charges and expenses incurred by the Purchaser of and incidental to this
Agreement and the damages suffered by him. This is without prejudice to the right of the Purchaser to seek specific performance
of this agreement through Court.
14. If the Purchaser makes default in completing the sale, within the stipulated period, the Vendor shall be entitled to make time
essence of the contract and to cancel this agreement, thereafter by giving atleast fifteen days notice to the Purchaser to that effect
and on the cancellation of the agreement, the Purchaser will forfeit his right to the said earnest money which will be appropriated
by the Vendor towards his claim for damages including the costs, charges and expenses of and incidental to this agreement.
15. Before execution of the deed of assignment the Vendor will obtain Income Tax Certificate under Section 230A of the Income
Tax Act, 1961 as a condition precedent to the completion of sale.
16. The expenses by way of stamp duty payable on