Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the object of this section to test your knowledge of law.
PRINCIPLE: Where a person fraudulently or erroneously represents that he is authorized 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.
FACTS: 'A', a Hindu who has separated from his father 'B', sells to 'C three fields, X, Y and Z, representing that 'A' is authorized 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 successor obtains Z, and at that time 'C’ had not cancelled the contract of sale.
Correct Answer :
'A' is required to deliver Z to 'C’
Solution :
The correct option is 'A' is required to deliver Z to 'C’.
Step-by-Step Explanation:
1. Understanding the Legal Principle:
The principle (commonly known as the doctrine of feeding the grant by estoppel) states that when a person erroneously or fraudulently represents that they own or are authorized to transfer an immovable property and transfers it for consideration, the transfer shall operate on any interest which the transferor may subsequently acquire in that property, provided the contract of transfer still subsists and the transferee exercises their option.
2. Analyzing the Facts of the Case:
- Representation & Transfer: 'A' sold three fields (X, Y, and Z) to 'C' for consideration, representing that he had full authority to sell them.
- Lack of Ownership at Transfer: Field Z did not belong to 'A' at the time of the sale; it was retained by 'B' during partition.
- Subsequent Acquisition: Upon 'B''s death, 'A' inherited and obtained full ownership interest in field Z.
- Subsisting Contract: At the time 'A' acquired field Z, 'C' had not cancelled or rescinded the contract of sale.
3. Application of Principle to Facts:
Because 'A' subsequently acquired title to field Z while the contract of sale with 'C' was still valid and subsisting, the transfer automatically operates on 'A''s newly acquired interest in field Z at 'C''s option. Therefore, 'A' cannot deny the transfer and is legally obligated to fulfill the sale.
Conclusion:
Hence, 'A' is required to deliver field Z to 'C'.
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