Section 43: Transfer by unauthorised person who subsequently acquires interest in property transferred

Questions on this section

3 questions in 13 of our papers cite Section 43. Try these from the free papers:

1. 1. In Jumma Masjid, Mercara v. Kodimaniandra Deviah (1962), the Supreme Court considered the relation between Sections 6(a) and 43 of the Transfer of Property Act, 1882. It held that:

   A.Section 43 applies only where the representation of present title was fraudulent, and never where it was made erroneously or innocentlyB.Section 43 may apply though the transferor had only a spes successionis, if the buyer paid relying on his representation of present titleC.Section 43 applies to a spes successionis only where the transfer was gratuitous, as a transfer of an expectancy for value is barredD.Section 6(a) overrides Section 43, so a transfer of a spes successionis stays void even after the transferor actually inherits the property
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2. 2. A, erroneously representing that he owns a plot, sells it to B for consideration. A later inherits the plot. Before B takes any step to claim it, A sells the plot to C, who pays full value in good faith without notice of the earlier sale to B. Under Section 43 of the Transfer of Property Act, 1882:

   A.B and C hold the plot jointly, in proportion to the prices each of them paidB.both sales are void, as A had no title to the plot on the date of the first saleC.C's title prevails, as the section does not impair the rights of such a transfereeD.B's title prevails, as the transfer to B fed itself automatically on A's inheritance
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3. 3. Under Section 43 of the Transfer of Property Act, 1882, where a person fraudulently or erroneously represents that he is authorised to transfer immoveable property and professes to transfer it for consideration, the transfer operates on any interest he later acquires in the property:

   A.at the option of the transferee, at any time while the contract of transfer subsistsB.at the option of the transferor, if he acquires the interest within three yearsC.automatically, whether or not the transferee wishes to have the benefit of itD.only where the transferor later acquires the interest by inheritance from a relative
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