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A sells a plot of land to B. C, who is the father of A, merely signs the deed as an attesting witness…

Under section 7 of the Transfer of Property Act, 1882 a transferor must be entitled to the property or authorised to dispose of it. A had neither title nor authority. The…

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A sells a plot of land to B. C, who is the father of A, merely signs the deed as an attesting witness without knowledge of its contents. Later on, C sues to get the sale deed declared void because C was the true owner of the land and A had no title to sell it:

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Answer and explanation

Correct answer B

Under section 7 of the Transfer of Property Act, 1882 a transferor must be entitled to the property or authorised to dispose of it. A had neither title nor authority. The attestation described in section 3 concerns execution of the instrument and does not by itself establish knowledge of its contents. Mere attestation on these facts supplies neither the true owner’s consent to ostensible ownership under section 41 nor intentional inducement or permission of reliance under section 121 of the Bharatiya Sakshya Adhiniyam, 2023.

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Option A

Incorrect. Attestation without knowledge does not on these facts show consent to A's ostensible ownership or that C intentionally induced or permitted reliance on A's title.

Option B

Correct. A was neither entitled nor authorised to convey C’s land. C’s attestation does not make the deed binding on him.

Option C

Incorrect. The deed purports to affect C's title, so C has a legal interest in challenging it.

Option D

Incorrect. C may seek a declaration concerning his title under section 34 of the Specific Relief Act, 1963, subject to its requirement to seek available further relief.

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