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Q.No:7. Write A Note On Apportionment'

Apportionment refers to the distribution of common funds or periodical income between claimants according to time or estate. Under the Transfer of Property Act, there are two types of apportionment: (1) Apportionment by time, which provides that rents, annuities and other periodic payments accrue daily and are distributed proportionately; (2) Apportionment by estate, which requires obligations and benefits to be performed in favor of each owner in proportion to the value of their share if an estate is transferred in a manner that divides it into several shares. Sections 36 and 37 of the Act establish the rules governing apportionment by time and estate to determine the distribution of income between transferors and transferees.

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220 views1 page

Q.No:7. Write A Note On Apportionment'

Apportionment refers to the distribution of common funds or periodical income between claimants according to time or estate. Under the Transfer of Property Act, there are two types of apportionment: (1) Apportionment by time, which provides that rents, annuities and other periodic payments accrue daily and are distributed proportionately; (2) Apportionment by estate, which requires obligations and benefits to be performed in favor of each owner in proportion to the value of their share if an estate is transferred in a manner that divides it into several shares. Sections 36 and 37 of the Act establish the rules governing apportionment by time and estate to determine the distribution of income between transferors and transferees.

Uploaded by

Adan Hooda
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Q.No:7.

write a note on ‘Apportionment’

Sections, 36 and 37 of the Transfer of Property Act deals with apportionment. There are two
types of apportionments given under the act they are as follows:-

1. Apportionment by time.
2. Apportionment by Estate.

Apportionment means distribution of a common fund between two or more claimants. In a


transfer of property, the transferred gets the property with all its incidental benefits, produce or
income. Where the property yields some periodicals income, there must be specific mention of
what portion of its income remains with the transferor and what goes to transferee and from
which particular date. In the absence of any specific mention by a contract to the contrary or
local custom, the distribution or apportionment of the periodical income between transferor and
transferee is governed by rules of (i) apportionment by time and (ii) apportionment by estate.
This section deals with the rules for apportionment by time.

1. APPORTIONMENT BY TIME
Section 36 provides that in a transfer of property all rents, annuities, dividends and other
periodicals payments in the nature of income shall be deemed to accrue from day to day and be
apportionable accordingly. For instance, A’s house is on rent of Rs. 300/- payable at the end of
each month. A sells this house to B on 15th April. Thus B became owner of the house with effect
from April 15. A the seller is entitled to get Rs. 140/- as rent for 14 days and b the purchaser
shall get Rs. 160/- as rent for 16 days out of Rs 300/- which is rent for the whole month.

2. APPORTIONMENT BY ESTATE
Section 37 provides that where an estate is transferred in such a manner that after the transfer, it
is to be divided in several shares then, the obligation of the benefit of property must be
performed in favour of each sharer (owner) in proportion to the value of each share. For
example, A sells his house to B and C. Both B and c contribute to the price of the house in 1/3
and 2/3 shares. The house is on monthly rent of Rs. 300/-. The tenant is under an obligation to
pay, as rent, Rs100/- to B and Rs. 200/- to C.

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