Section 37 of TPA : Section 37: Apportionment Of Benefit Of Obligation On Severance

Explanation using Example

Imagine a scenario where Mr. Sharma owns a large piece of land with a well that is used by the entire community for irrigation. Mr. Sharma decides to sell the land in three equal parts to Ms. Patel, Mr. Kumar, and Ms. Chen. According to the original agreement between Mr. Sharma and the community, he was obligated to maintain the well and ensure it is functional for the community's use.

After the transfer, Ms. Patel, Mr. Kumar, and Ms. Chen, as the new owners, inherit the obligation to maintain the well. Since the obligation relates to the property as a whole, and the property is now divided, they mus...

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