Question

Principle: Where a person fraudulently or erroneously represents that he is authorized 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 transfer may acquire in such property at any time during which the contract of transfer subsists. Facts: ‘A’, a Hindu who has separated from his father ‘B’, sells to ‘C’ three fields, X, Y and Z, representing that ‘A’ is authorized to transfer the same. One 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 successor obtains Z, and at that time ‘C’ had not cancelled the contract of sale.

• A. ‘A’ can sell Z to a third party
• B. ‘A’ is not required to deliver Z to ‘C’
• C. ‘A’ is required to deliver Z to ‘C’
• D. None of the above statements is correct

Hint:

In cases of fraudulent representation, once the transferor gains rights to the property, they must fulfill the original contract terms with the transferee.

Answer 1

The Correct Option is C

As per the principle of fraudulent misrepresentation, 'A' is liable to deliver 'Z' to 'C' since 'A' is now entitled to 'Z' after his father’s death, even though 'Z' was initially not part of the property he sold.