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Doctrine of feeding the grant by estoppel

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 asked

Doctrine of feeding the grant by estoppel

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4 Answers
Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

The estoppel rests on the representation(express or implied) made by the transferor that he is authorized to transfer, which representation subsequently turns out to be erroneous. It makes no difference that the transferor had no interest whatsoever in the property or the interest therein that of an expectant heir. Further, it is immaterial whether the transferor acts bona fide or fraudulently in making the representation. What is material is that he did make a representation and the transferee acted on it and thus has been misled. In other words the doctrine applies only when the transferee has been misled into believing a false representation and not otherwise. The doctrine also applies in cases where the transferor has a duty to speak and he fails to do so. Where a person sold the property as an agent of the widow, and later became her heir, the doctrine did not apply, as there was no erroneous representation.

 

Thanks

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

According to transfer of property act doctrine of feeding the grant by estoppel states if a person is not the owner of property but he fraudulently represents himself as a owner and makes the transfer of property to a transferee who purchases it in good faith and for consideration, the rights of transferee cannot be impaired.

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Data?1494421730 answered

Hello Uma English law of estoppel is that where a grantor has purported to grant an interest in land which he did not at the time possess but subsequently acquires , the benefit of his subsequent acquisition goes automatically to the earlier grantee or , as it is usually expressed , feeds the estoppel . Thanks

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

**DOCTRINE OF FEEDING THE GRANT BY ESTOPPEL** According to transfer of property act doctrine of feeding the grant by estoppel states if a person is not the owner of property but he fraudulently represents himself as a owner and makes the transfer of property to a transferee who purchases it in good faith and for consideration, the rights of transferee cannot be impaired. In this case the transferee may either rescind the contract or may keep the contract alive. If the transferee keeps the contract alive and in future if the transferor acquires interest in such property (which did not belong to him at the time of sale) the property will automatically get transferred in the hands of transferee. Thanks

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