A, the son of B sold the property of B presuming that he will get the property of B after the death of B. Is it valid? Explain.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2023
A, the son of B sold the property of B presuming that he will get the property of B after the death of B. Is it valid? Explain.

Answer & Explanation:

Section 6 of the Transfer of Property Act, 1882 (TPA) contains some exceptions to the general rule that property of any kind may be transferred. According to section 6(a) of TPA, the chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred. Thus, A cannot sell property of B as it is mere chance of an heir apparent succeeding to an estate.

Topics: Transfer of Property Act

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