Section 43 of the Transfer of Property Act, 1882, which deals with transfer by unauthorised person who subsequently acquires interest in immovable property transferred, underlines doctrine of;
Rajasthan High Court Civil Judge - 2019, Rajasthan Judicial Service - 2019,
Answer: B
Section 43 underlines the doctrine of Estoppel by deed.
Section 43 of the Transfer of Property Act, 1882 deals with a person who fraudulently or erroneously represents that he is authorised to transfer immovable property and transfers it for consideration. If he later acquires an interest in that property, the transfer operates on that interest at the transferee's option. This 'feeding the grant by estoppel' rests on estoppel by deed: the transferor cannot deny the title his own deed asserted.
Actionable claims are dealt with in Sections 130 to 137, estoppel by election is the doctrine of election in Section 35, and pre-emption is a right of purchase, unrelated to Section 43.
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