Operation of Transfer

As a rule, an immovable transfer of property is transferred in the favour of the transferee immediately on the execution of the transaction, unless the parties demonstrate a different intention, whether express or implied. In such a case, property gets transferred on a stipulated date.

The legal incidents which are transferred along with the transfer of immovable property include the easements annexed thereto, the rents and the profits thereof accruing after the transfer and all things attached to the earth.

Where an immovable property has more than one owner, each co-owner has a right to transfer his respective share in the property or any interest therein. A co-owner is not required to wait for or seek the permission of other co-owners to transfer the property.  The remaining co-owners would however have the preferential right to acquire the property over the third party strangers. This is called the right of pre-emption.