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Subject to the protections in section 53(1) of the Transfer of Property Act, 1882, how is a transfer of…

Section 53(1) makes the transfer voidable at the option of a creditor defeated or delayed. The subsection preserves the rights of a transferee in good faith and for…

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Subject to the protections in section 53(1) of the Transfer of Property Act, 1882, how is a transfer of immovable property made to defeat or delay the transferor’s creditors classified?

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Correct answer C

Section 53(1) makes the transfer voidable at the option of a creditor defeated or delayed. The subsection preserves the rights of a transferee in good faith and for consideration.

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Option A

Section 53(1) gives an affected creditor a choice to avoid the transfer.

Option B

The statute makes the transfer voidable, so it does not automatically fail from the outset.

Option C

A creditor defeated or delayed by the transfer may choose to avoid it under section 53(1).

Option D

The right of avoidance belongs to the defeated or delayed creditor.

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