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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.
2025 SCC Vol. 5 Part 2: Explore the latest Supreme Court Cases on the Employees’ Compensation Act, IBC and the Transfer of Property Act.
Supreme Court: The Division Bench of Dinesh Maheshwari* and Aniruddha Bose, JJ., held that in cases disclosing deliberate defiance and elective non-performance
“Once an affidavit has been filed which is on the face of it false to the knowledge of the executants, no benefit can be claimed on the ground that delivery of possession was given.”