Ajit, a Hindu, who has separated from his father Baljit, sells to Charanjt three fields X, Y and Z representing that Ajit is authorised to transfer the same. Of these fields, Field-Z does not belong to Ajit, it having been retained by Baljit on the partition of property. But subsequently on Baljit’s death, Ajit, as an heir obtains Field-Z. Decide the validity of the sale of the above said fields in a circumstance where Charanjit does not rescind the contract of sale.
As per the provisions of Section 43 of the Transfer of Property Act, 1882, when a transferor fraudulently represents that he has the right to transfer a property, such transfer will be operational at he option of the transferee, if the contract still subsists.
Hence, in this case, the validity of the sale of the said fields will subsist in a circumstance where Charanjit does not rescind the contract of sale.
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