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What principle is embodied in section 43 of the Transfer of Property Act, 1882?

Section 43 embodies feeding the grant by estoppel. A person who fraudulently or erroneously represents authority and purports to transfer immovable property for…

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What principle is embodied in section 43 of the Transfer of Property Act, 1882?

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Answer and explanation

Correct answer B

Section 43 embodies feeding the grant by estoppel. A person who fraudulently or erroneously represents authority and purports to transfer immovable property for consideration may later acquire an interest in it.

The transferee may elect to take that interest while the contract subsists. Section 43 protects a later transferee for value acting in good faith without notice of that option.

Option feedback

Option A

The rule against perpetuity is addressed in section 14 and concerns remoteness of vesting.

Option B

Section 43 lets the transferee take a later-acquired interest in the statutory circumstances.

Option C

Section 43 addresses a transferor’s representation and later-acquired interest. Absolute necessity is not the rule stated there.

Option D

The doctrine of election in section 35 concerns accepting a benefit under the same transaction that purports to transfer another person’s property.

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