Section 43State of Jammu-Kashmir Act
Section 43: Transfer by unauthorised person who subsequently acquires interest in property transferred
Transfer by unauthorised person who subsequently acquires interest in property transferred.
- Where a person [fraudulently or] [In section 43 words in brackets inserted by Act VI of Samvat 1996.] 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.IllustrationA, 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not belong to A, it having been retained by B on the partition ; but on B's dying A as heir obtains Z. C, not having rescinded the contract of sale, may require A to deliver Z to him.Previous
Sec 42 — Transfer by person having authority to revoke former transfer
Next
Sec 44 — Transfer by one co-owner
Disclaimer: This section is reproduced for general informational and reference purposes only. Always verify against the latest official gazette and consult a qualified advocate before relying on any provision.