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“It was arguable that an educated person had executed a document which was registered and then claimed ignorance of the nature of the transfer, which could not be fathomed.”
Section 44 of the Transfer of Property Act, 1882 provides that a person cannot transfer a right greater than he himself has, but the same does not preclude the co-owner from transferring his share in the joint property only because the same is unpartitioned/undivided.
Punjab and Haryana High Court: Alka Sarin, J., while dismissing the appeal preferred by the plaintiff against the judgments passed