43.Transfer by unauthorised person who subsequently acquires interest in property transferred
IllustrationII Of Transfers of Property by Acts of PartiesVerified
Where a 1[fraudulently or] erroneously represents that he is authorised to certain immovable and professes to such for consideration, such shall, at the option of the ee, operate on any which the or may acquire in such at any time during which the contract of subsists.
Nothing in this section shall impair the right of ees in good faith for consideration without notice of the existence of the said option.
Illustration
A, a Hindu who has separated from his father B, sells to C three fields, X, Y and Z, representing that A is authorised to the same. Of these fields Z does not belong to A, it having been retained by B on the partition; but on B's dying A as heir obtains Z.C, not having rescinded the contract of sale, may require A to deliver Z to him .
