Future Estate

Sri Vijayan.A (Querist) 24 November 2010 This query is : Resolved
Mr.X is in possession of government land
He assigned/ transferred/ sold the same to Mr.Y
Later District Collector alloted the land to X
There is no consent by X, after this allotment.
X expired, his heirs are not ready to give consent/ ratification deed.

In this circumstance, can Y alienate the property

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s.subramanian (Expert) 24 November 2010
Yes. Under Sec.43 of the Transfer of Property Act, Y gets lawful right over the property after the assignment in favour of X by the Government. The transfer effected by X before such assignment in favour of Y will hold good and valid in law.

adv. rajeev ( rajoo ) (Expert) 24 November 2010
Sesc 41 of TP Act. X is the ostenisble owner of the property before grant by the govt., so tranfer of the same for consideration the transfer shall not be viodable on the ground that the transferor was not authorized to make it.

Kirti Kar Tripathi (Expert) 24 November 2010
agree with Vishal

Devajyoti Barman (Expert) 25 November 2010
YES

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