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Which statement is NOT a requirement for the rule in section 43 of the Transfer of Property Act, 1882 to apply?

Question and options

Which statement is NOT a requirement for the rule in section 43 of the Transfer of Property Act, 1882 to apply?

  1. The transferor’s representation must be fraudulent.

  2. The transferor represents having authority to transfer the property.

  3. The purported transfer concerns immovable property.

  4. The purported transfer is for consideration.

Answer and explanation

Correct answer: A - The transferor’s representation must be fraudulent.

Section 43 of the Transfer of Property Act, 1882 applies where a person “fraudulently or erroneously” represents that he is authorised to transfer immovable property and professes to transfer it for consideration. Because an erroneous representation is enough, fraud is not a requirement. The representation of authority, immovable property and consideration are all elements of the rule of feeding the grant by estoppel.

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