OF TRANSFERS OF PROPERTY BY ACT OF PARTIES
(B) Transfer of Immoveable Property
Transfer by unauthorised person who subsequently acquires interest in property transferred
43. Where a person 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.
A, a Hindu, who has separated from his father B, sales 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not belong to A, it having been retained by B on the partition; but on B's dying A as heir obtains Z. C, not having rescinded the contract of sale, may require A to deliver Z to him.
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Ministry of Law, Justice and Parliamentary Affairs