CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES · (B) Transfer of Immoveable Property

Section 42: Transfer by person having authority to revoke former transfer

Where a person transfers any immoveable property, reserving power to revoke the transfer, and subsequently transfers the property for consideration to another transferee, such transfer operates in favour of such transferee (subject to any condition attached to the exercise of the power) as a revocation of the former transfer to the extent of the power.

Illustration

A lets a house to B, and reserves power to revoke the lease if, in the opinion of a specified surveyor, B should make a use of it detrimental to its value. Afterwards A, thinking that such a use has been made, lets the house to C. This operates as a revocation of B's lease subject to the opinion of the surveyor as to B's use of the house having been detrimental to its value.

Questions on this section

1 question in 7 of our papers cite Section 42. Try these from the free papers:

1. L lets his shop to T, reserving a power to revoke the lease if, in the opinion of a named valuer, T uses the shop in a manner detrimental to its value. Believing that such use has occurred, L later lets the shop for consideration to U. Under Section 42 of the Transfer of Property Act, 1882:

Practise questions on Transfer of Property Act