Section 43 The Transfer of Property Act, 188

 


 Section 43 The Transfer of Property Act, 1882: 

Transfer by unauthorised person who subsequently acquires interest in property transferred.—Where a person 1[fraudulently or] erroneously represents that he is authorised to transfer certain immoveable 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not belong to A, it having been retained by B on the partition; but on B’s dying A as heir obtains Z. C, not having rescinded the contract of sale, may require A to deliver Z to him.




Supreme Court of India Important Judgments And Leading Case Law Related to Section 43 The Transfer of Property Act, 1882: 

The Jumma Masjid, Mercara vs Kodimaniandra Deviah on 11 January, 1962

Rakesh . vs Board Of Revenue U.P. on 8 March, 2019

Hardev Singh vs Gurmail Singh (Dead) By Lrs on 2 February, 2007

Tanu Ram Bora vs Promod Ch Das (Dead) Thr. Lrs. on 8 February, 2019

Kartar Singh (Dead) By Lrs. And  vs Harbans Kaur (Smt) on 21 January, 1994

N. Srinivasa Rao vs Spl. Court Under A.P. Land  on 23 March, 2006

Kartar Singh vs Harbans Kaur on 21 January, 1994

Ram Pyare vs Ram Narain & Others on 15 February, 1985

Ni.Pra Channabasava vs C.P.Kaveeramma & Ors on 13 February, 2009

Vinodchandra Sakarlal Kapadia vs State Of Gujarat . on 15 June, 2020





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