Joint purchasers are presumed to have equal share.
Section 45 of TP ACT covers three eventualities:
(1) where a transfer of property in favour of two or more persons takes place and the consideration is paid out of common fund, then in the absence of contract to the contrary, the interest in the property would be identical as nearly as may be, with the interest to which they were respectively entitled in the fund;
(2) where consideration is paid out of separate funds in the absence of a contract to the contrary, the interest in the properly would be proportionate to the share of the consideration, respectively advanced;
(3) in the absence of evidence as to the interest in the fund, or as to the share, respectively advanced, such persons shall be presumed to be equally interested in the property.
Ram Surat and Ors. vs. Mata Prasad and Ors. (17.12.2012 – ALLHC) : MANU/UP/2449/2012