DOCTRINE OF FEEDING THE GRANT BY ESTOPPEL
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Keywords:
Property Rights, Estoppel, Equity, Bonafide, Transfer, English Law, Transferor, TransfereeAbstract
The doctrine of feeding the grant by estoppel has been integrated under section 43 of the Transfer of Property Act, 1882. The doctrine under examination in this note is a blend of two principles of law; estoppel and equity, both of which are aimed at protecting the bonafide transferees in case of misrepresentation on part of the transferors regarding the title of the property in question. The author has attempted to provide a brief note that covers aspects of application of the doctrine in India and its evolution from the Common Law System. The applicability of this doctrine differs in India as it has been adopted with certain modifications to protect the interest of the bonafide transferees. This note comprises of the essentials and exceptions for the application of the doctrine in India and provides a two-fold comparison of its position under Indian and English law.
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