INTRODUCTION

Transfer of property Act means as act means an act in which all living being transfers its
property to someone or to himself, in present or in future. The term “Living person” includes
Association or body of individuals or company. The act particularly deals with sale,
mortgage, gift, lease and exchange. There are some which are not considered as transfer, such
as abandonment, partition or transfer of property to himself. However the last one is possible
in case of trust. Future property can also be transferred. However in order to enter into any
type of contract, a person must be competent. If the value of the immovable property to be
transferred is more than Rs. 100/- or above, then it is mandatory to be registered into the
Registration Act. In this paper we will be dealing with two sections of the act. They are
section 36 and section 37 of the Transfer of Property Act. These two sections deal with the
term known as Apportionment. The term Apportionment has two meaning s: 1) The
Distribution of common property within many people and 2) A contribution by different
people who has different rights in order to achieve a common cause1. Out of the two types of
apportionment, the TOPA Act is concerned only with the first type. The first one is again
divided into two parts: apportionment by time and apportionment by estate2.

Section 36 of the Act deal with the principle of apportionment by time. One example of
apportionment by time is if A gives up his house for rent for Rs. 200 per month, which can be
paid on the last day of the month. If A sells his house to B in the middle of the month , then at
the end of the month, the rent of the house will go to both A and B equally. Meaning each of
them will receive Rs. 100 each. Where X’s rent will considered to be from the start of the
month to the middle of the month, whereas B’s rent will be considered to be from the middle
of the month to the last day of the month. This principle is derived from the English
Apportionment Act, 1870. The old English Common law system recognised apportionment
by time on one condition that expressed stipulation for the same must be present. It was based
on the rule that the whole contract could not be subjected to apportionment but was only
applicable to periodical payments which became due on fixed intervals and not payments like
interests which the creditor could collect when he desires3 .

Section 37 deals with the principle of apportion by estate. Before the enactment of the TOPA
Act, whenever a property was being sold off to many people jointly, the tenement was
supposed to pay the rent jointly unless the property holders decided to appropriate the
rent.4the need for this principles arises when a property is divided into multiple shares and the
benefit arising from the property also requires to be divided among the many shareholders in
accordance to the amount of share held by each person.

1
Story, Equity Jurisprudence, 305.
2
Shantilal Mohanlal Shah, PRINCIPLES OF THE LAW OF TRANSFER, 59, 5th edn (1982).
3
Manohar & Chitaley, COMMENTARY ON TRANSFER OF PROPERTY ACT, 1882, Vol. 1, 637, (7 th edn, 2010)
4
Supra note 3.

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 RESEARCH OBJECTIVES

The objective of the study is to:

1. Understand the concept of apportionment provided in section 36 and 37 of the

Transfer of Property Act, 1882.
2. Study and compare the concept of apportionment between Indian and English law.
3. Analyse and interpret the case relating to Apportionment.
4. Find all the possible solution and recommendations needed at the end of the research
work.

RESEARCH QUESTIONS

1. What is the concept of Apportionment under the Transfer of Property Act, 1882?
2. What are the differences in Comparison to English law?
3. How has the concept of apportionment evolved under common law?
4. How have section 36 and 37 of the Transfer of Property Act, 1882 impacted the
evolution of laws relating to Apportionment in India?

RESEARCH METHODOLOGY

The type of method used by the researcher in this paper is Doctrinal method because
this paper includes principles, statutory provisions and law of Transfer of Property
Act. And several other acts which are related to the topic “apportionment”. The
researcher relied on both primary and secondary source of data. Primary sources
includes the bare texts of various cases and secondary sources includes magazines,
books, journal and web resources.

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 LITERATURE REVIEW

The research paper includes secondary sources of data collection and references from
existing research paper and articles. The main purpose or aim of this research paper is
to inform the people so that they can have a better understanding of the topic
“Apportionment” as given in section 36 and 37 of the TOPA, 1882. This paper is
written using simple language so that it will be easy to interpret and understand.

Some articles and sources which are referred to while writing this research paper are:
 .Manohar & Chitaley, COMMENTARY ON TRANSFER OF PROPERTY
ACT, 1882, Vol. 1, 637, (7th edn, 2010).
G.C.V. Subbarao, COMMENTARY ON THE TRANSFER OF PROPERTY
ACT, 1882, 96, (5th edn, 1963.)
 Story, Equity Jurisprudence, 305.
 Avtar Singh, TEXTBOOK ON THE TRANSFER OF PROPERTY ACT,
1882, 114, (Harpreet Kaur, 2 nd edn., 2009)
 B.B. Mitra, ON THE TRANSFER OF PROPERTY ACT, 151, (S.K. Ray,
15th edn, 1988).
 Jasvath Singh, THE LAW OF TRANSFER OF PROPERTY, 110, (2004).
Miscellaneous
 Oxford Dictionaries, available at
http://oxforddictionaries.com/definition/english/royalty (Last visited on
January 19 2020, at 9:40 pm)

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 CHAPTERISATION
1. Chapter 1: Introduction

 Apportionment under Transfer of Property Act, 1882

 Different types of Apportionment

2. Chapter 2: Section 36 and 37 of TOPA

 Section 36 of TOPA
 Section 37 of TOPA

3. Chapter 3: Comparative study

 Law pertaining to Apportionment under Indian Law

 Law pertaining to Apportionment under English Law

4. Chapter 4: Conclusion

 Impact and scope

 Conclusion and suggestion