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Which doctrine is embodied in section 43 of the Transfer of Property Act, 1882?

Section 43 of the Transfer of Property Act embodies feeding the grant by estoppel. If the statutory conditions are met, a transferee for consideration can elect to take an…

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Which doctrine is embodied in section 43 of the Transfer of Property Act, 1882?

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Answer and explanation

Correct answer B

Section 43 of the Transfer of Property Act embodies feeding the grant by estoppel. If the statutory conditions are met, a transferee for consideration can elect to take an interest the transferor acquires while the contract of transfer subsists.

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Option A

Section 52 embodies lis pendens, which concerns transfers during litigation affecting the property.

Option B

Section 43 embodies this doctrine. A qualifying transfer may operate, at the transferee’s option, on an interest the transferor later acquires while the contract subsists.

Option C

Section 53A concerns part performance.

Option D

Section 35 deals with election.

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