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

Section 43 can allow a transferee for consideration to elect to take an interest later acquired by a transferor who erroneously or fraudulently represented authority to…

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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 C

Section 43 can allow a transferee for consideration to elect to take an interest later acquired by a transferor who erroneously or fraudulently represented authority to transfer, while the contract subsists. The section preserves the rights of a later transferee in good faith for consideration without notice of that option.

Option feedback

Option A

Holding over concerns the continuance of a lease under the conditions in section 116.

Option B

Clog on redemption concerns restrictions on the mortgagor’s right to redeem under section 60.

Option C

Feeding the grant by estoppel is the doctrine reflected in section 43.

Option D

Part performance is dealt with by section 53A.

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