Whenever there are two or more competing interests in the same title, the maxim Qui Prior Est Tempore Potior Est Jure (he who is earlier in time is stronger in law) applies. In other it means who is prevailing in time, prevails over others. In the case od Property Law, section 48 of Transfer of Property act deals with the above-mentioned principle.
According the natural justice principles, if rights are created in favour of two persons at different times, the one having an advantage in time will also have advantage in law. In the case of S. Arunachalam vs. Sivan Perumal Asari [AIR 1970 Mad 226] it was held that this rule applies only to cases where the conflicting equities are otherwise equal. No man can a title than what he has, was the principle on which Section 48 of Transfer of Property Act, 1882. This section is applicable in cases where there is a competition between the mortgagee by deposit of title deeds and a subsequent purchaser. However, the right to priority is always determined and estimated by Section 48 of the Transfer of Property act, 1882 along with Section 47 and 49 of the Registration Act.
While dividing the property among members of a family who belong to a joint family it is not possible to divide the property on bounds and metes. In such cases, the property is divided in unequal volume among the member of the joint family. While one member gets a large volume of the property, the other member might get a small volume of the property. In such cases, adjustment of values have to be done. This is usually done by equalizing shares where
the former pays the latter. This provision in law, is named as “ Owelty or Equality of Partition”. This provision in law allows the lien in which one sharer has to award owelty to acquire a large amount of property from the other co sharer. However, there are some exceptions to the rule such as, estoppel, by notices etc.
Thus, according to the Section 48 of the Transfer of Property act,1882, the rights of the transferee cannot be prejudiced by the transferor by an subsequent dealing in the property.
