ISSUE:
Whether Section 43 of the Transfer of Property Act, 1882 (“TP Act”), applies when a transfer is made by someone with only spes successionis (mere expectation of inheritance) at the time of transfer?
Whether a later acquisition of property by the transferor validates an earlier transfer made on the basis of misrepresented ownership?
Whether Section 6(a) of the TP Act, which prohibits transfers of spes successionis, is in conflict with Section 43 in cases of misrepresentation?
RULE:
When someone falsely claims to own property and transfers it for consideration, while they only have spes successionis, the sale can become valid if they later inherit or acquire that property, provided the transferee acted in good faith.
The initial transfer may have been invalid because the seller had no right to sell at the time, but fairness demands that once the transferor gains ownership, the transferee’s claim is protected.