Feeding the Estoppel:
The Transfer of Property Act in India does not prohibit the transfer of non-existent property
(or) Transfer of future property.
Non-existent does not refer ‘the
property which is not at all in existence.’
Non-existent means ‘the property
which exists, but to which the transferor has no present right.’
Transferring the ‘present right’
in the present property is called ‘legal estate.’
Transferring the ‘non-existent
right’ in the present property is called ‘equitable estate.’
If there is conveyance (sale) of
any non-existent property (or future property), such transfer does not convey
title by itself, but it may operate as an agreement to convey it and it is actually conveyed as soon as it is acquired
by the transferor. It is called an equitable estate.
According to this principle (equitable principle) that original conveyance deed (sale deed) itself becomes operative immediately the property is acquired by the transferor automatically, without any further deed to ratify the earlier conveyance.
This equitable principle is also
known as “feeding the estoppel.”
According to this principle of
feeding the estoppel, there is no fresh conveyance (sale deed) is necessary
from the transferor to the transferee. (Sec.43 of the Transfer of Property Act
1882)
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