Question

    Under the Transfer of Property Act, 1882, Section 41

    ("Feeding the Grant by Estoppel") applies to:
    A Cases involving the fraudulent transfer of property to defeat creditors Correct Answer Incorrect Answer
    B Voluntary transfers where the transferor subsequently acquires the interest they claimed to have Correct Answer Incorrect Answer
    C Every sale of immovable property conducted through a registered deed Correct Answer Incorrect Answer
    D Transactions that are limited strictly to the creation of a simple mortgage Correct Answer Incorrect Answer
    E Transfers that are made subject to the fulfilment of a condition precedent Correct Answer Incorrect Answer

    Solution

    Section 41 of TPA provides that where a person fraudulently or erroneously represents they have authority to transfer property and later acquires the interest they professed to transfer, that interest immediately vests in the transferee. This doctrine prevents estoppel by feeding the grant the subsequent acquisition feeds the original transfer, creating legal effect. It applies only to voluntary transfers, not sales.

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