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

The Transfer of Property Act, 1882Central Act · Act 4 of 1882

Where a person [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does not belong to A, it having been retained by B on the partition; but on B's dying A as heir obtains Z.C, not having rescinded the contract of sale, may require A to deliver Z to him .

Where this provision sits

Act	The Transfer of Property Act, 1882
Section	43
Marginal note	Transfer by unauthorised person who subsequently acquires interest in property transferred.
Jurisdiction	Central
Status	In force as published by the source
Judgments citing it	2

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

inserted. . Ins. by s. 13, ibid.

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