Question

Explain the rule that “a person cannot give a title better than what he himself has”. Are

there any exceptions to this rule? Discuss.​

Answer 1

“A person cannot give a title better than what he himself has”.

Explanation:

The Transfer of Property Act, 1882 and The Sale of Goods Act, 1930 includes a maxim "Nemo dat quod non habet" which literally means a person cannot give a better title than what he himself has.

Exceptions:

a) Sale of possessed goods under a voidable contract

b) Sale by one of the joint owners

c) Sale by an agent

d) Sale by an unpaid seller

To know more

No one can give a better title than he himself has.

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