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Which section of the Transfer of Property Act, 1882 embodies the doctrine of feeding the grant by…

Section 43 applies when a person fraudulently or erroneously represents having authority to transfer identified immovable property and professes to transfer it for…

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Which section of the Transfer of Property Act, 1882 embodies the doctrine of feeding the grant by estoppel?

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Answer and explanation

Correct answer A

Section 43 applies when a person fraudulently or erroneously represents having authority to transfer identified immovable property and professes to transfer it for consideration. While the contract subsists, the transferee may elect to have the transfer operate on an interest the transferor later acquires. The section protects a later transferee in good faith for consideration without notice of that option.

Option feedback

Option A

Section 43 can make the transfer operate on an interest the transferor acquires later, at the qualifying transferee’s option.

Option B

Section 41 deals with transfers by ostensible owners.

Option C

Section 35 deals with election when a transfer purports to dispose of someone else’s property while conferring a benefit on that person.

Option D

Section 21 deals with contingent interests.

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