Subject to the safeguards in section 53(1) of the Transfer of Property Act, 1882, what is the effect of…
Under section 53(1) of the Transfer of Property Act, 1882, a transfer made to defeat or delay creditors is voidable at the option of a creditor so defeated or delayed. The…
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Subject to the safeguards in section 53(1) of the Transfer of Property Act, 1882, what is the effect of a transfer of immovable property intended to defeat or delay the transferor’s creditors?
Answer and explanation
Correct answer C
Under section 53(1) of the Transfer of Property Act, 1882, a transfer made to defeat or delay creditors is voidable at the option of a creditor so defeated or delayed. The provision preserves the rights of a transferee in good faith and for consideration and preserves applicable insolvency law. An avoidance suit under the subsection must be on behalf of, or for the benefit of, all creditors.
Option feedback
Option A
Section 53(1) makes the transfer voidable at a qualifying creditor’s option. It is not void from the outset.
Option B
The power to avoid under section 53(1) is given to a creditor defeated or delayed by the transfer.
Option C
A creditor defeated or delayed by the transfer may seek to avoid it, subject to section 53(1).
Option D
Section 53(1) gives a creditor defeated or delayed the option of avoiding the transfer.
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