No property transfer occurs when seller has no title
If someone tries to transfer property rights to another person through a legal document but doesn’t actually own those rights, the new owner or their successors won’t have the legal right to claim those rights from that document, says the Supreme Court in Kizhakke Vatakandiyil Madhavan (D) Thr LRS v Thiyyurkunnath Meethal Janaki [Citation : 2024 INSC 287].
No one can transfer what he does not own
The general proposition of law is that no one can transfer a better title than what he himself possesses.
This is what the maxim nemo dat quod non habet which means “no one can give what they do not have” states.
No declaration needed when transferee holds no title
It is apparent on the face of a deed that the conveyer did not have title over the property, then a specific declaration need not be sought from the court that the document is invalid.
Court can examine the question of title when pleaded
The court can examine the question of title, if any party to the suit raises the defence of title, even if no specific declaration regarding the invalidity of the document is sought.
Summing up
In short, the SC says that if a document seeking to convey immovable property ex-facie reveals that the conveyer does not have the title over the same, specific declaration that the document is invalid, would not be necessary.
The court can examine the title in the event any party to the proceeding sets up his defence.
Reference
- Kizhakke Vatakandiyil Madhavan (D) Thr LRS v Thiyyurkunnath Meethal Janaki [Citation: 2024 INSC 287]
