ISSUE:
Whether Section 43 of the Transfer of Property Act, 1882 (“TP Act”), applies when a transferor misrepresents their authority to transfer property?
Whether the transferee’s failure to conduct reasonable diligence about the transferor’s authority prevent the application under the TP Act?
Whether a sale deed for a minor’s property, executed by a guardian without court permission, can be validated if the guardian later inherits the property?
RULE:
The sale of a minor’s property without court permission, as required by the Guardians and Wards Act, 1890, is void ab initio (invalid from the start).
The subsequent inheritance does not retroactively validate an illegal or void transaction.
A void transaction cannot be upheld under Section 43, which applies only to contracts that are legally valid but incomplete due to the transferor’s lack of title.