AIBE question and official answer

AIBE III 2012 Question 76

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Question 76 of 100 AIBE III 2012 Set Common

A, a Hindu, has separated from his father B. A sells to C three fields: D, E, and F. A represents to C that he is authorised to do so. Of these fields, F does not belong to A. F was retained by B during partition of the family property. Subsequently, B dies and A receives the property as B's heir: Which of the following Statements is the most accurate application of the principle set out below?

  1. A C, not having rescinded the contract of sale, may require A to deliver F to him. Official answer
  2. B A can transfer the property to another bona fide transferee without informing C.
  3. C The benefit of Section 43 is not available to C, as he was not misled into believing that A had the power to transfer F.
  4. D C is a gratuitous transferee in respect of F, and therefore cannot avail the benefit of Section 43.
  5. E Since the contract to sell F was void ab initio and has expired, C cannot exercise the right under Section 43.

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