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A seller intentionally leads a buyer to believe the seller owns a parcel of land. The buyer relies on…

Section 121 bars a person from denying a representation in a proceeding between the relevant parties when the person intentionally caused or permitted the other party to…

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A seller intentionally leads a buyer to believe the seller owns a parcel of land. The buyer relies on that representation and pays for the land. The seller later acquires title and sues the buyer to set the sale aside. What does section 121 of the Bharatiya Sakshya Adhiniyam, 2023 allow the court to do about the seller’s representation?

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Answer and explanation

Correct answer C

Section 121 bars a person from denying a representation in a proceeding between the relevant parties when the person intentionally caused or permitted the other party to believe and act on it. Here the buyer paid on the strength of the seller’s representation. The seller cannot set the sale aside by denying ownership at the time of sale.

Option feedback

Option A

The statutory illustration specifically applies when the seller acquires title after the sale.

Option B

Section 121 applies to declarations, acts and omissions. It does not make a writing a condition.

Option C

The seller intentionally induced the buyer’s belief and the buyer acted on it.

Option D

Section 121 applies between the parties in this suit. No prior criminal finding is needed.

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