Choose the INCORRECT statement with reference to the Transfer of Property Act, 1882
Question and options
Choose the INCORRECT statement with reference to the Transfer of Property Act, 1882
- Section 35 relates to the doctrine of election
- Section 13 deals with transfer for the benefit of unborn person
- A transfer by an ostensible owner shall not be voidable on the ground that the transferor was not authorized to make it
- Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be void
Answer and explanation
Correct answer: D - Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be void
The statement that such a transfer 'shall be void' is incorrect: under s.53 TPA a transfer made with intent to defeat or delay creditors is voidable at the option of any creditor so defeated or delayed, not void. The statements on s.35 (election), s.13 (transfer for the benefit of an unborn person) and s.41 (ostensible owner) are correct.
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