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Doctrine of Feeding The Grant by Estoppel: Himani Anand

1. Section 43 of the Transfer of Property Act deals with the doctrine of "feeding the grant by estoppel", where a transferor makes a false representation about being authorized to transfer an immovable property. 2. If the transferor later acquires an interest in the property while the contract is still in effect, the transfer will be valid and apply to the newly acquired interest, at the option of the transferee. 3. The doctrine does not apply if the transferee was aware of the true situation, the transfer was illegal, or a second transferee acquired rights in the property. It also does not apply to transfers by minors or lunatics.

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764 views5 pages

Doctrine of Feeding The Grant by Estoppel: Himani Anand

1. Section 43 of the Transfer of Property Act deals with the doctrine of "feeding the grant by estoppel", where a transferor makes a false representation about being authorized to transfer an immovable property. 2. If the transferor later acquires an interest in the property while the contract is still in effect, the transfer will be valid and apply to the newly acquired interest, at the option of the transferee. 3. The doctrine does not apply if the transferee was aware of the true situation, the transfer was illegal, or a second transferee acquired rights in the property. It also does not apply to transfers by minors or lunatics.

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Himani Anand
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© © All Rights Reserved
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DOCTRINE OF FEEDING THE

GRANT BY ESTOPPEL

Himani Anand
Introduction

The Rule of Estoppel signifies that when a person makes a promise to another person,
which is more than what he can perform or which he is incapable of performing, then he
cannot later on claim incompetency as a legitimate excuse when he acquires the
competency to fulfill his promise.
In simple words, he, later on, cannot claim incompetency to avoid his liabilities. Such a
person would be compelled to fulfil the promise when he acquires the competency to
perform it. This competency feeds the estoppel. Estoppel signifies a stop, now you have to
stick to what you said.

The principle embodied in Section 43 of the Transfer of Property Act has been variously
described, as the Common Law doctrine of.
– feeding the grant by estoppel – or as the doctrine of Equity that – equity – treats that as
done which ought to be done
Essentials of Section 43

1. The transferor makes a false representation that he’s authorised to transfer a certain
immovable property
2. This representation may be erroneous or fraudulent
3. The transferor professes to transfer the property;
4. For consideration;
5. The transferee enters into a contract, acting on that representation;
6. The transferor, later on, acquires some interest in the property while the contract is
subsisting.
7. The transfer would operate on any such interest acquired, at the option of the
transferee.
The doctrine doesn’t apply to:

1. When the transferee is aware of the true transaction


2. Where the transfer was forbidden by law, or
3. When the second transferee acquires rights.
Transfer by minor or lunatic is not qualified to attract the application of this section.
Section 6 & section 43

• According to section 6 (a) chance of heir apparent’ get the property in future is a non
transferable right but according to section 43 it validates transfers made without tittle
when the transferor subsequently acquires the property.
• Jumma Majid Mercara V. Kodimaniandra Deviah
In this case, the Supreme Court drew a distinction between Section 43 and Section 6 (a)
of TPA. It held that there is no reason for conflict between them and they both relate to
different spheres. Section 6 (a) enacts a rule of substantive law whereas Section 43
enacts rule of Estoppel, which is one of evidence. The two sections operate on different
fields and under different conditions.
The main difference between the two lies in the fact that the transfer that falls under
section 6 (a) is within the knowledge of the transferee as well and there is no
misrepresentation. Whereas, under Section 43, the absence of knowledge on the part of

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