Nemo Dat Quod Non Habet: No Person Can Convey Better Right

He has purchased a title from a person who had no title to sell or right to transfer. ... The purchaser in those circumstances would not be entitled to demand a conveyance of title from that third person unless there was some express agreement that he should have that right on the part of the third person. ... In my opinion the appellant hits no right to ask the Court for mi order....

The same protection, therefore, which the Roman law gave to a person who had completed his title by possession our own law will give to a person who has completed his title by securing the delivery of a deed." ... (with Soertsz), for defendant, respondent.- Section 9 wipes out whatever right, or title, or claim in the said property. The deed in question is a present transfer, not an agreement to convey. In Perera v. .....

The deed then proceeded to convey the property to B in consideration of the premises. ... The deed then proceeds to convey and transfer the property " in consideration of the premises. " I am unable to see how this instrument can be regarded as a conveyance of property by the administrator " without consideration to the person beneficially entitled to such property." (Item 22 (c) ). ... of property to the person benefi....

It is quite true that when once the mortgage debt is paid, the right to take the produce disappears, but so long as the mortgage debt exists this right to take the produce is an interest in the land. Now, what does the auctioneer's transfer purport to convey in this case? ... What happened was that an auctioneer's transfer was executed which purported to convey the land itself. ... He had the right fr....

Wherever it can be done rightfully, he is not allowed to say, against the person entitled to the property or the right, that he has done it wrongfully. That is the universal law. ... The 1st defendant claimed the entire land and denied that the plaintiff had any right to bring this partition action. ... Batticaloa, 753/L Co-owners-Prescription-Transfer of entire land by a co-owner-Transferee's right to prescribe a....

2024 0 Supreme(Bom) 299

Estoppel, then, may itself be the foundation of a right as against the person estopped, and indeed, if it were not so, it is difficult to see what protection the principle of estoppel can afford to the person by whom it may be invoked or what disability it can create in the person against whom it operates ... The Competent Authority cannot convey more than what the promoter had agreed to convey#....

She has all along taken up the attitude of refusing to convey to him. ... There can be no objection as to the form of the cession which has all the requisites to make it effective, but his right to cede or assign is questioned by defendant, the vendee. Stress is laid upon the clause of D1 undertaking to re-convey to the vendor or his heirs and administrators. ... The position he takes up is that the undertaking to convey#HL_END....

The whole of the question is so fully discussed and considered in the case referred to and also in the Chapter headed "Stipulations in favour of a third person" in the Appendix to Van Leeuwen's Commentaries on the Roman-Dutch Law by Kotze, Vol. ... Contract-Stipulation in favour of third party-Right of action-Roman-Dutch law. Under the Roman-Dutch law a stipulation in a contract in favour of a third party may be enforced by such party where it has be....

He confers upon the purchaser a personal right against himself. He does not however transfer any real right as at the time no real right had vested in him ". ... So much in regard to the question whether the deed is a present conveyance or an agreement to convey. ... In this instance Lyall Grant J. and Maartensz A.J. took the view that a vendor cannot convey in praesenti what he did not own at tha....

Even then, he could not, by subsequently acquiring a better title, evict the vendee on his own account. ... Berwick points out in a footnote to his translation of Voet 23 : 1 : 2 :- " In point of equity, the last person to be allowed successfully to recover a thing which he has himself sold to his own defendant, is the very person who would be liable in damages to the defendant for its eviction ... The scope of the exceptio is not lim....

2019 0 Supreme(Mad) 3217

It is to be stated that the width of the road as 12 feet is mentioned only in the document of the year 1982 not in the document of the year 1941 by which, there is a specific usage as pathway to and in favour of the predecessor-in-title of the defendants also assumes significance in the way that a clear passage meant is available to reach their land also assumes significance. In the absence of anything to mention about the width of the road and in the absence of non-examination of any person i....

2015 0 Supreme(AP) 624

It is equally well settled that no one can convey a better than what he has. He is the vendor of the plaintiff and the brother of the 1st defendant.

2014 0 Supreme(Bom) 174

No one can transfer the property to which he has no title. Consequently, when title is claimed and if it is disputed, the claimant must trace the title of his own vendor. Indeed, no party can convey a better title than what he has.

2011 0 Supreme(Kar) 86

Persons if at all can claim a right or privilege given to a person, who was originally granted and any person claiming under the original grantee can at the best put forth a claim or right on par with the rights or privileges given to the original grantee and nothing more. It is axiomatic that no person can convey or confer a better title than what he himself had. All grantees under the grant order dated 8-6-1947 got the land for possession and enjoyment and nothing more. No ....

2010 0 Supreme(Mad) 16

Therefore, no rights flow either by Exs.B.1 or B.2. The lower Appellate Court has rightly concluded that Exs.B.1 and B.2 do not convey the right over the property." Consequently, Ex.B.2 by which the property was settled in favour of the Education Department is also sham and nominal. A person who does not possess any right cannot convey that right.