A, B and C jointly own an Almirah, but it is in possession of B. R enters into a contract of sale with…
"Yes, because R had the knowledge about the joint owners and he did not act on good faith": a co-owner in possession cannot pass full title to the whole to a buyer aware of…
Choose your answer
A, B and C jointly own an Almirah, but it is in possession of B. R enters into a contract of sale with B to buy the almirah paying a reasonable amount, knowing that it is also owned by A and C. But both B and R agree to keep this transaction a secret from A and C. Can A or C challenge the title of R?
Answer and explanation
Correct answer C
"Yes, because R had the knowledge about the joint owners and he did not act on good faith": a co-owner in possession cannot pass full title to the whole to a buyer aware of the joint ownership (nemo dat quod non habet), so R cannot claim a good title against A and C.
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