Rani Hemanta Kumari v Gauri Shankar
Rule established
No one can transfer better title than they possess (nemo dat quod non habet); transfer without title conveys nothing
Facts
- Transferor purported to sell property they had no title to
- Transferee paid full consideration in good faith
Issue
- Whether a transfer by a person who has no title or authority conveys any interest to the transferee.
Held
- A person cannot transfer what they do not possess. The transferee acquires no interest despite payment of consideration and good faith. Nemo dat quod non habet.
Ratio Decidendi
S.7 requires the transferor to be "entitled" to the property. Without title, nothing passes. Good faith and consideration cannot create title where none exists.
How to use it in an exam
Cite for S.7 (competency to transfer), specifically the "entitled to property" limb. Key line: "No one can give what they do not have."
Source
Source: Indian Law Reports (1891) 18 Calcutta 83
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Who Can Transfer - Operation and Mode of TransferS.7: transferor must be entitled