Section 43 transfer doctrine protects a bona fide transferee who relied on a false claim of present title.

Section 43 of the Transfer of Property Act applies where a transferor, lacking present title, represents that he has authority to transfer immovable property and the transferee takes for consideration in reliance on that representation. In that situation, the transfer attaches to the title later acquired by the transferor through the doctrine of estoppel, even though Section 6(a) prohibits transfer of a mere spes successionis. The two provisions operate in different fields: Section 6(a) bars transfer of a bare chance of succession, while Section 43 protects a transferee who acted on a false representation of present transferable interest.

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Issues: Whether a transfer of immovable property made for consideration by a person who represents that he has a present transferable interest, but who in fact has only a spes successionis, is protected by Section 43 of the Transfer of Property Act, notwithstanding the prohibition in Section 6(a).

Analysis: Section 43 was held to apply where the transferor, though lacking title at the time of transfer, represented that he was authorised to transfer the property and the transferee acted on that representation for consideration. The two provisions were treated as operating in different fields: Section 6(a) prohibits the transfer of a mere chance of succession, while Section 43 embodies the equitable rule that a transfer shall attach to the title later acquired by the transferor when the transferee has relied on the representation. The illustration to Section 43 was treated as consistent with this construction, and the contrary view that Section 43 could never apply to a case of spes successionis was rejected.

Conclusion: Section 43 applies to such a transfer where the transferee took for consideration on the faith of the representation. The respondents' title prevailed, and the appellant had no enforceable claim.

Ratio Decidendi: A transfer for consideration made on the transferee's reliance on a false representation of present title can attract Section 43 even if the transferor then has only a spes successionis, because the section operates by estoppel and the later-acquired interest feeds the earlier transfer.

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