Q Explain the doctrine of feeding the grant by estoppel ?  MPCJ 2019

Ans. Object- To protect the rights of the transferee.

Meaning of Estoppel-A legal bar to alleging or denying a fact because of one’s own previous actions or words to the contrary.

The doctrine of feeding the grant by estoppel is based on the maxim ‘Nemo dat quod nonhabet  ‘ which implies that no one can give to another, which he himself does not possess.

Section 43 states

Transfer by an unauthorized person who subsequently acquires interest in property transferred.—

Where a person fraudulently or erroneously represents that he is authorized to transfer certain immoveable 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.

Essential elements of section 43 –

1.  A fraudulent or erroneous representation of ownership.
2. A transfer for consideration.
3. Voidable at the option of the transferee.

Exception –  

1. Where the transferee is aware of the fact that the transferee is not competent to transfer.
2. Where the transfer is forbidden by law.
3. Where the subsequent transferee acts bonafide and in good faith.

Illustrations-

X, a Hindu wife executed a mortgage of her husband’s property as if it belonged to her five years after he had disappeared. The mortgage was invalid, as the presumption of death does not arise until seven years.