Which of the following Sections of T.P. Act contains exceptions to the Maxim "Nemo dat quod non habet" ?
The maxim nemo dat quod non habet means no one can give a better title than he has. Section 41 of the Transfer of Property Act (transfer by an ostensible owner with the real…
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Which of the following Sections of T.P. Act contains exceptions to the Maxim "Nemo dat quod non habet" ?
Answer and explanation
Correct answer C
The maxim nemo dat quod non habet means no one can give a better title than he has. Section 41 of the Transfer of Property Act (transfer by an ostensible owner with the real owner's consent) and section 43 (transfer by an unauthorised person who later acquires an interest, the "feeding the grant by estoppel" rule) are its main exceptions.
Section 42 deals with transfer by a person having authority to revoke an earlier transfer, and section 44 with transfer by one co-owner.
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