Section 43

Transfer by unauthorised person who subsequently acquires interest in property transferred.

The Transfer of Property Act, 1882

  • Act 4 of 1882
  • Ministry of Law and Justice
  • Legislative Department
About this Act

An Act to amend the law relating to the Transfer of Property by act of Parties.

All sections
    Where a person 1[fraudulently or] erroneously represents that he is authorised to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists.
     Nothing in this section shall impair the right of transferees in good faith for consideration without notice of the existence of the said option.
     Illustration
     A, a Hindu who has separated from his father B, sells to C three fields, X, Y and Z, representing that A is authorised to transfer the same. Of these fields Z does not belong to A, it having been retained by B on the partition; but on B's dying A as heir obtains Z.C, not having rescinded the contract of sale, may require A to deliver Z to him .

Notes

1. Ins. by s. 13, ibid.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

Scroll to Top