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A, B and C are the co-owners of afield, which is under mortgage. C transfers his share of the field to D.
D will have a right to claim partition.
D will have the right to joint possession with A and B.
D's share will be subject to the mo?tgage.
All of the above.
- If C transfers his share to D, D steps into C’s shoes as co-owner.
- D will have the right to claim partition, since co-owners can always seek partition.
- D will have the right to joint possession with A and B because all co-owners have this right unless otherwise agreed.
- D’s share will be subject to the mortgage, as C could not transfer a better title than he had.
- All of the above options are correct.
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