what is feeding the grant by estoppel

The Doctrine of feeding the grant by estoppel’ is derived from the legal maxim ‘nemo dat quod non habit’ which means that no one can give something which he doesn’t himself possess to another person. Doctrine of feeding the grant it is mentioned under section 45, part 5 of tranfer of property act 1882.

Section 115 of Indian evidence act 1872 deals with the concept of estoppel which means a person said or represented something then he has to follow it, basically he is stopped from denying it. Even if that commitment is false he has to fulfil it.

INGREDIENTS

The is fraudulently representation of ownwership

The transfer is for the consideration

At the option of the transferee.

Exceptions

When the transferee is aware of the true transaction

The transferee cannot avail benefit under this section if he has true knowledge about the representation of the transferor i.e. defect in the claimed title. Simply, this doctrine does not operate when both the parties are aware of the true transaction.

When the transfer is forbidden by law

The provisions of sec. 43 does not apply if the transfer is invalid as being forbidden by law or contrary to public policy. Section 43 does not operate on illegal transactions. Transfer by a minor or lunatic also do not qualify for the application of sec. 43.

When the second transferee acquires rights

Usually, the deed of transfer is registered, which operates as a notice of the existence of such contract to the entire world. If however, the deed is not registered, the original transferee is in a vulnerable position. As the section protects the rights of the second transferee in good faith and for consideration who has notice of the option in favour of the first transferee. Hence subsequent transferee is the only person who can undermine the right of an original transferee

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