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Which buyer can invoke section 43 of the Transfer of Property Act, 1882 to take an interest in land…

Under section 43 of the Transfer of Property Act, 1882, a buyer who relied on a fraudulent or erroneous claim of present authority and gave consideration can elect to take…

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Which buyer can invoke section 43 of the Transfer of Property Act, 1882 to take an interest in land that the seller later acquires while the transfer contract remains in force?

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Answer and explanation

Correct answer A

Under section 43 of the Transfer of Property Act, 1882, a buyer who relied on a fraudulent or erroneous claim of present authority and gave consideration can elect to take the interest the seller later acquires while the contract subsists. A known chance of inheritance cannot itself be transferred under section 6(a).

Option feedback

Option A

The buyer gave consideration and relied on the seller's mistaken claim of authority. The later interest can pass at the buyer's option while the contract subsists.

Option B

Section 43 requires a transfer for consideration, even when the representation was fraudulent.

Option C

The seller already owned the share transferred, so this is a present transfer under section 44 without a later-acquired interest.

Option D

The buyer knew the seller held only a chance of inheritance and did not rely on a claim of present authority. Section 43 does not protect that transaction.

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