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Which section of the Transfer of Property Act, 1882 embodies the principle commonly called “feeding the…

Section 43 applies when a person fraudulently or erroneously represents authority to transfer immovable property and professes to transfer it for consideration. At the…

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Which section of the Transfer of Property Act, 1882 embodies the principle commonly called “feeding the grant by estoppel”?

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Correct answer C

Section 43 applies when a person fraudulently or erroneously represents authority to transfer immovable property and professes to transfer it for consideration. At the transferee’s option, the transfer can operate on an interest the transferor later acquires while the contract subsists. The section protects a later good-faith transferee for consideration without notice of that option.

Option feedback

Option A

Section 40 concerns obligations annexed to ownership and restrictions on use of land.

Option B

Section 42 concerns a reserved power to revoke a prior transfer.

Option C

Section 43 allows the transferee’s option to operate on an interest later acquired by a transferor who made the specified representation.

Option D

Section 44 concerns transfer by a co-owner.

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