Transfer of Property Act, 1882
47. Transfer by co-owners of share in common property
Where several co-owners of immovable property transfer a share
therein without specifying that the transfer is to take effect on any
particular share or shares of the transferors, the transfer, as among such
transferors, takes effect on such shares equally where the shares were equal,
and, where they were unequal, proportionately to the extent of such shares.
Illustration
A, the owner of an eight-anna share, and B and C, each the owner
of a four-anna share, in mauza Sultanpur, transfer a two-anna share in the
mauza to D, without specifying from which of their several shares the transfer
is made. To give effect to the transfer one-anna share is taken from the share
of A, and half-an-anna share from each of the shares of B and C.