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Transfer of Property Act, 1882 · Chapter II: Of Transfers of Property by Act of Parties · Apportionment

Section 43: Transfer by unauthorised person who subsequently acquires interest in property transferred

In plain words

If someone fraudulently or wrongly claims to have authority to transfer immovable property and does so for consideration, and later acquires an interest in it, the transfer can, at the buyer's option, take effect on that later interest. This is often called feeding the grant by estoppel.

  • Good faith buyers for value without notice of this option are protected.

Example: A sells land that actually belongs to his father. Later A inherits it. The buyer can make A hand it over.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

Where a person [fraudulently or] erroneously represents that he is authorised to transfer certain immovable 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.

Illustration

A, a Hindu who has separated from his father B, sells to C three fields, X, Y and Z, representing that A is authorised to transfer the same. Of these fields Z does not belong to A, it having been retained by B on the partition; but on B's dying A as heir obtains Z.C, not having rescinded the contract of sale, may require A to deliver Z to him .

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 43