Jumma Masjid v. Kodimaniandra Deviah

• Does Section 43 TPA apply when the transferor only had a mere expectation to inherit at the time of transfer?
• Does later acquisition of title by the transferor validate the earlier transfer made on misrepresentation?
• Is there any conflict between Section 6(a) (ban on transferring spes successionis) and Section 43 in such situations?

• Section 6(a) TPA: A chance to inherit (spes successionis) cannot be transferred.
• Section 43 TPA (“feeding the estoppel”): If a person falsely sells property as owner and later becomes owner, the buyer may elect to treat the earlier sale as valid, if the buyer acted in good faith and paid consideration.
• No conflict: Section 6(a) bars the initial transfer; Section 43 later protects the buyer when title actually comes to the seller.

Held: The Supreme Court affirmed that Section 43 applies. When the reversioners inherited in 1933, their new title fed the earlier transfer to Ganapathi. The first buyer could elect to take the property under that sale. The later transfer to Jumma Masjid was invalid as against this election.

Section 6(a) and Section 43 serve different purposes. The first prevents transfer of a mere chance. The second cures the earlier defect when the seller later gets title, protecting a bona fide buyer who paid consideration. There is no conflict; Section 43 operates after title arises.

• Clarifies student confusion between spes successionis and Section 43.
• Shows how fairness protects honest buyers from seller misrepresentation.
• Often tested with problem questions on later-acquired title and buyer’s election.

• No present title in 1920 → transfer initially ineffective.
• Title in 1933 → Section 43 lets buyer confirm earlier sale.
• Buyer must act in good faith and for consideration.
• Later purchaser loses against the first buyer’s election.

Mnemonic: “Sell First, Title Later, Buyer Greater.”

1. Sell First: Misrepresentation + consideration.
2. Title Later: Transferor later becomes owner.
3. Buyer Greater: Buyer may elect to confirm the old sale (Section 43).

Issue: Can Section 43 validate an earlier sale made by a non-owner who later acquires title, despite Section 6(a)?

Rule: Section 6(a) bans transfer of a mere chance; Section 43 lets the buyer elect to take under the earlier transfer once the seller gets title, if buyer acted in good faith and for value.

Application: Reversioners sold in 1920 without title; inherited in 1933. Buyer (Ganapathi) acted in good faith and paid. Section 43 allowed him to confirm the 1920 sale.

Conclusion: Earlier sale stands in buyer’s favour; later sale to Jumma Masjid cannot defeat the buyer’s election.

Spes successionis

A mere hope or chance of inheriting property; not a transferable right (Section 6(a) TPA).

Feeding the estoppel

When later ownership “feeds” an earlier defective transfer, validating it for a bona fide buyer (Section 43).

Reversioner

A person who will take the property after the life estate ends.

Election (buyer)

Buyer’s choice to accept the benefit of Section 43 when the seller later gets title.