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Which pair of provisions of the Transfer of Property Act, 1882 qualifies the nemo dat rule through…

Section 41 protects a transferee for consideration from an ostensible owner when the persons interested consented to the ostensible ownership and the transferee acted in…

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Which pair of provisions of the Transfer of Property Act, 1882 qualifies the nemo dat rule through ostensible ownership and subsequently acquired title, respectively?

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Answer and explanation

Correct answer D

Section 41 protects a transferee for consideration from an ostensible owner when the persons interested consented to the ostensible ownership and the transferee acted in good faith after reasonable inquiry. Under section 43, where an unauthorized transferor fraudulently or erroneously represents authority to transfer immovable property for consideration and later acquires an interest while the contract subsists, the transferee may elect to have the transfer operate on that interest, subject to the protection of a later good-faith transferee for value without notice. Section 35 concerns election and section 48 concerns priority of rights.

Option feedback

Option A

Section 35 concerns election and section 41 concerns ostensible ownership.

Option B

Section 43 concerns subsequently acquired title and section 48 concerns priority.

Option C

Section 35 concerns election, although section 43 concerns subsequently acquired title.

Option D

Section 41 concerns ostensible ownership and section 43 concerns subsequently acquired title.

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