Transfer by one co-owner.

Where one of two or more

co-owners of immoveable 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 transferors 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.
 Co-owner of a property is a member of the same family,
also can be appointed by a will.
Several Co-Owners hold any immovable property, each co-
owner has interest in every portion of the common
property whereas his interest is qualified and limited by
similar interest of the other co-owner.
What happened where more than two co-owners and one
of them dies? Illustration- Inherited Ancestral Property
A Co-owner possess and enjoy any property exclusively and
protect his possession against other co-owners.
Co- owner must be legally competent to make transfer
[Section 7]- Baldev Singh v. Darshan Devi, AIR 1993 HP 141
 Section 44- also talks about rights of transferee.
Right to Joint Possession
Right to peaceful possession
Right to make Improvements
Right to enforce partition
Co-Sharers suit against trespasser
Illustration
A , B, and C are Co-owners of land and that land is
subject to mortgage. C sells his 1/3rd share to D without
effecting partition.
 This is an exception to the rule provided in the first part.
Where a share in a dwelling house belonging to an
undivided family is transferred to a stranger; the transferee
cannot claim joint possession or any common part or
enjoyment of the house.
What is Dwelling house??
Undivided family??
the right of a stranger transferee to have the house
partitioned is, subject to Section 4 of the Partition Act,
1893.
this section, a stranger claiming partition by metes and
bounds may be compelled, at the option of the other
members of the family to forego his legal right to partition
and accept pecuniary compensation.
 Dorab Cawasji Warden v. Coomi Sorab Warden, AIR
1927 Sind 62.
- Common Dwelling House
- death of one co-owner his heirs transferred their shares to other
- interim injunction granted to vender and vendee.
Rukmani v. H.N.T Chettiar. AIR 1985 Mad. 28
- transferee purchased 2/3rd share in suit property
- proceeded to put up huge construction on suit property without
having partition
- grant injunction for restraining the transferee