M.P. Civil Judge Question Paper 2019 Phase I

Explain the doctrine of "feeding the grant by estoppels"?

Verified Answer
  1. Core Legal Answer & Context: The doctrine of "feeding the grant by estoppel" is an equitable principle enshrined in Section 43 of the Transfer of Property Act, 1882. It applies when a person (transferor) purports to transfer immovable property to another (transferee) for consideration, representing that they have the authority to transfer it, but at the time of transfer, they do not possess the full title or interest in that property. If the transferor subsequently acquires any interest or title in that property, the transferee can compel the transferor to make good the transfer out of the subsequently acquired interest. The subsequently acquired title "feeds" the earlier defective grant, making it valid and effective from the date of the original transfer. The transferor is estopped from denying the validity of the earlier transfer.

Conditions for applicability: (a) A fraudulent or erroneous representation by the transferor that they have the authority to transfer. (b) Transfer for consideration. (c) The transferor subsequently acquires an interest in the property. (d) The transferee acts in good faith and without notice of the defect in title.

  1. Relevant Statutes and Sections:
  • Transfer of Property Act, 1882: Section 43.
  1. Important Landmark Cases:
  • Jumma Masjid, Mercara v. Kodimaniandra Deviah (1962): This is a seminal case that extensively explained the scope and conditions for the application of Section 43, emphasizing the role of representation and subsequent acquisition of interest.
  • Ram Pyare v. Ram Narain (1985): Further elaborated on the requirements for invoking Section 43, particularly the need for a transfer for consideration.
  1. Clear Conclusion: Section 43 of the TPA embodies the doctrine of feeding the grant by estoppel, preventing a transferor from taking advantage of their own initial misrepresentation or lack of title once they acquire the promised interest, thereby protecting bona fide transferees for consideration.