APPORTIONMENT

INTRODUCTION:
The legal term of apportionment means distribution or allotment
in proper share. The expression apportionment means division of a common
fund between several claimants.
Section 36 & 37 of the Transfer of Property Act lay down the
rules regarding the principle of apportionment. It is classified into two types.
• Apportionment of property by time
• Apportionment of property by estate
APPORTIONMENT OF PROPERTY BY TIME (S 36):
All rents, annuities, penalties, dividends other periodical
payments are deemed to accrue from day to day. The transferor is entitled to
such payment for the period before transfer and the transferee for the period
after the transfer however the actual payment are to be made only on the
appointed day.
Liability of the tenant – section 6 of the Act specifies that the section is
applicable for transaction held between transferor and transferee and does not
make tenant liable.
Concept of Transfer:
apportionment of rent due under leases where at a time between the dates fixed
for payment the lessor or lessee dies, or some other alteration in the position of
parties occurs
apportionment of income between the representatives of a limited owner and the
remainder-man when the limited interest determines at a time between the date
when such income became due.
APPORTIONMENT OF PROPERTY BY ESTATE (SEC 37):
When as the result of the transfer property is divided and held in
several shares the benefit of any obligation relating to the property passes from
one to several owners the corresponding duty is to the performed in fovour of
each owner in proportion to the in value of his share in the property.
1. The person who is obligated with the duty to fulfil the burden under this
section must have notice of the same.
2. The obligation should be of a character which can be severed.
3. The severance of the obligation should not end up increasing the burden of
the obligation.
Section 37 - Apportionment by estate contemplates a scenario where each share
whether in terms of income or rent of the various owners is apportioned
according to their particular share in the property. In cases of tenancy, the tenant
is to be informed if he has to pay each owner separately but in cases where the
apportionment isn’t done or the tenant isn’t informed, the tenant will be liable
only singly.

Conclusion:
Theses section are of immense important in the Act as it specifies the rule of
apportionment and how apportionment of income has to be done in case of
transfer or tenancy or lease.