Transfer of Property Act, 1882
44. Transfer by one co-owner
Where one of two or more co-owners of immovable property legally
competent in that behalf transfers his share of such property or any interest
therein, the transferee acquires, as to such share or interest, and so far as
is necessary to give, effect to the transfer, the transferor's right to joint
possession or other common or part enjoyment of the property, and to enforce a
partition of the same' but subject to the conditions and liabilities affecting
at the date of the transfer, the share or interest so transferred.
Where the transferee of a share of a dwelling-house belonging to
an undivided family is not a member of the family, nothing in this section
shall be deemed to entitle him to joint possession or other common or part
enjoyment of the house.