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Purchaser’s Knowledge and the Doctrine of Feeding the Grant by Estoppel

By P. C. Jain

Published In

Air 1963

The Transfer of Property Act1, in S. 43, incorporates the equitable doctrine of ‘Feeding the Grant by Estoppel,’ in the following words :  “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.” According to this doctrine if a person, who is not the owner of a property, professes to sell that property, representing that he is the owner of that property, when he becomes the owner of that property subsequently, he is, at the option of the pu ....

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