The question (15 marks)
It is said that section 43 of the Transfer of Property Act 1882 nullifies section 6(a). Examine that criticism, and state the conditions on which a transferee may claim the benefit of section 43. (15 marks)
Standing MU question on ss. 6(a) and 43; pack ch. 01 and case briefs 04 and 05.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · General Principles of Transfer of Transfer of Property.
Authorities you will need
- Jumma Masjid, Mercara v Kodimaniandra Deviah
- Kartar Singh v Harbans Kaur
- Alamanaya Kunigari Nabi Sab v Murukuti Papiah, Madras High Court
- Official Assignee, Madras v Sampath Naidu, Madras High Court
- Vickers v Evans and Mahomed Syedol Ariffin v Yeoh Ooi Gark, on construction
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.