The principle of the exceptions to the maxim "nemo dat quod non habet" is incorporated in which of the…
The Latin maxim nemo dat quod non habet means that no person can transfer a better title than he himself has. Under the Transfer of Property Act, 1882, Sections 41 (transfer…
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The principle of the exceptions to the maxim "nemo dat quod non habet" is incorporated in which of the following Sections of the Transfer of Property Act, 1882?
Answer and explanation
Correct answer D
The Latin maxim nemo dat quod non habet means that no person can transfer a better title than he himself has. Under the Transfer of Property Act, 1882, Sections 41 (transfer by an ostensible owner with the consent, express or implied, of the persons interested in immovable property) and 43 (transfer by an unauthorised person who subsequently acquires an interest in the property transferred, feeding the grant by estoppel) enact the principal statutory exceptions to this maxim in order to protect bona fide transferees for value. Section 42 deals with transfer by a person having authority to revoke a former transfer, and Section 44 deals with transfer by one co-owner of his own share.
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