AI Overview...
- Nemo Dat Quod Non Habet - Main points and insights:
- The maxim Nemo dat quod non habet means no one can transfer better title than they possess. Several sources emphasize that mere registration or execution of a document does not create or transfer ownership if the transferor lacks valid title (e.g., Anjana Devi W/o Shri Shyam Lal Sharma VS Urban Improvement Trust, Bhilwara, Through Its Secretary, U. I. T. , Bhilwara (Raj. ) - Rajasthan, Thummlachetty Builders and Developers (Pvt) Ltd. , Hyderabad VS Commissioner and Inspector General of Stamps and Registration, Hyderabad - Andhra Pradesh, Vinjamuri Rajagopala Chary VS State of Andhra Pradesh - Andhra Pradesh, N. Gopinath VS Vanitha Nagaraj - Karnataka, HARISH CHANDRA VS UNION OF INDIA - Allahabad, Poonamchand Shankerlal & Co. VS Dipchand Siremal - Madhya Pradesh).
- The principle serves as a fundamental rule in property law, with exceptions limited to specific statutory provisions (e.g., Section 178 of the Contract Act) that may allow transfers under certain conditions, but generally uphold that a transferor cannot pass a better title than they have (e.g., Poonamchand Shankerlal & Co. VS Dipchand Siremal - Madhya Pradesh, N. Gopinath VS Vanitha Nagaraj - Karnataka).
- The doctrine is frequently invoked to invalidate transfers where the transferor's title is defective or non-existent, such as in cases of sale without ownership, cancellation of allotments, or fraudulent conveyances (e.g., Anjana Devi W/o Shri Shyam Lal Sharma VS Urban Improvement Trust, Bhilwara, Through Its Secretary, U. I. T. , Bhilwara (Raj. ) - Rajasthan, S G Thrupthi, W/O Ekantha Reddy VS P Veena, D/O P N Prabhakara Reddy - Karnataka, RAHUL S SHAH VS JINENDRAKUMAR GANDHI S/O SRI MULCHAND GANDHI - Karnataka, Vanaja VS Chinnathambi @ Arunachalampillai - Madras).
-
The principle also applies in cases involving non-payment of dues, cancellation of allotments, or resumption of land by the government, reinforcing that ownership rights must be validly acquired before they can be transferred (e.g., Anjana Devi W/o Shri Shyam Lal Sharma VS Urban Improvement Trust, Bhilwara, Through Its Secretary, U. I. T. , Bhilwara (Raj. ) - Rajasthan, R. N. NADIGAR S/O LATE M P RANGAPPA VS B. N. PADMANABHAIAH & SONS REP. BY ITS PARTNER, B. P. NARAYANA MURTHY SINCE DECEASED NOW REPRESENTED BY ITS PARTNER B. N. LAKSHMISHA M G ROAD, TUMKUR - Karnataka, RAHUL S SHAH VS JINENDRAKUMAR GANDHI S/O SRI MULCHAND GANDHI - Karnataka).
-
Analysis and Conclusion:
- The consistent theme across the sources underscores that Nemo dat quod non habet remains a cornerstone of property law, preventing the transfer of ownership unless the transferor holds valid and legal title.
- Registration alone does not suffice to establish or transfer ownership; actual ownership rights must be validly acquired and recognized.
- Any transfer made by a person without proper title is invalid and cannot confer better rights to the transferee, protecting the integrity of property rights and preventing fraudulent or unauthorized conveyances.
- Exceptions to this rule are limited and explicitly provided by law, emphasizing the importance of clear title and lawful transfer procedures in property transactions.
Search Results for "Nemo Dat Quad Non Habet"
2018 0 Supreme(Raj) 86 • India - Rajasthan
RAMCHANDRA SINGH JHALA
QUAD NON HABET - DISMISSAL OF SUIT - NO SUBSTANTIAL QUESTION OF LAW: Fact of the Case: Plaintiff filed a suit for permanent ... PROPERTY LAW - ALLOTMENT OF PROPERTY - CANCELLATION OF ALLOTMENT - SALE DEED - VOID AB INITIO - TRANSFER OF OWNERSHIP - NEMO DAT ... The UIT, however, claimed that the allotment was canceled due to non-payment of dues and that the plaintiff never had possession ... The general rule regarding transfer of ownership is that "Nemo Dat#....
2019 0 Supreme(Kar) 2039 • India - Karnataka
KRISHNA S.DIXIT
dat quad non habet inasmuch as no property was available to widow and the children, the same having been sold to the petitioner ... year has lapsed since she bought the property; prima facie she would not get the title to the property because of the principle of nemo ... dat quad non habet inasmuch as no property was available to widow and the children, the same having been sold to the petitioner by Mr.B.A.Nagaraj and the very same ....
1971 0 Supreme(MP) 56 • India - Madhya Pradesh
SHIVDAYAL, S.B.VYAS
(1) Contract Act, 1872 – S.178 – object of the section – is an exception to the maxim Nemo Dat Quad Non Habet-object of the exception ... Dat Quod non Habet”. ... fundamental rule of the law of transfer of property that no man can give a better title than he himself possesses, the latin maxim being “Nemo ... ... This section provides an exception to a fundamental rule of the law of transfer of property that no man can give a better....
2019 0 Supreme(Kar) 1912 • India - Karnataka
KRISHNA S.DIXIT
non habit person sans a title cannot pass on one - Last contention of petitioners till date entries in revenue records do continue ... retain any interest rights or their shades whatsoever once ownership is transferred by registered sale deed by virtue of memo data quad ... dat quad non habet ie, a person sans a title cannot pass on one. ... rejected because their alleged subsequent mortgage of the same in the face of the subject sale deed is irrelevant; the petitioners after the sale ....
2008 0 Supreme(AP) 308 • India - Andhra Pradesh
N.V.RAMANA
The execution of or registration of a document by itself will not create any new title, and the execution of or registration of such document covering an immovable property is governed by the principle Nemo Dat Quad Non Habet, which means 'no person can transfer/pass a better title than what he possess
2013 0 Supreme(Mad) 2498 • India - Madras
G.RAJASURIA
The first appellate Court miserably failed to take into consideration the maxim, Nemo dat quad non habet -No one gives what he does not have; in disposing of the lis, in view of the fact that Ex.A2 under which the plaintiff claims title over the suit property does not refer to the property referred to ... Inasmuch as the defendant is in a better position than the plaintiff, the defendant obviously is trying to non suit the plaintiff. However, both the Courts below without properly adve....
2019 0 Supreme(All) 520 • India - Allahabad
PANKAJ KUMAR JAISWAL, YOGENDRA KUMAR SRIVASTAVA
dat quod non habet – Petitioners therein having not been able to demonstrate any right, title or interest in property in their possession ... dat quod non habet – Petitioners therein having not been able to demonstrate any right, title or interest in property in their possession ... that mere registration of a document per se does not create any new title and same is governed by principles enunciated by maxim nemo ... We may also usefully refer to the legal maxims : #....
2020 0 Supreme(Kar) 1724 • India - Karnataka
KRISHNA S.DIXIT
dat quad non habet; however the fact remains that there remained some portion even after the DHrs bought the major portion of the property bearing MC No.327; there are as many as six sale deeds executed by JDrs subsequent to the sales made to DHrs; there is a certain fraudulent design attributable to ... that what is bought by the Obstructors is far in excess of what was left after DHrs had bought and therefore the conveyances overlap; this contention is founded on simple logic and arithmetics; once the JDrs had sold the....
2021 0 Supreme(Kar) 426 • India - Karnataka
N.K.SUDHINDRARAO
guntas and from per - In respect of said lands revenue was not paid to the Government and they were resumed by the Government for non-payment ... In this connection the doctrine that requires to be examined is doctrine of non alienation. In other words latin maxim Nemo Dat Quad Non Habet which means no one can convey better than what he has. 42. ... Thus, as the land in said Sy.No.81 was forfeited due to non payment of land revenue as early in the y....
2015 0 Supreme(AP) 799 • India - Andhra Pradesh
DILIP B.BHOSALE, VILAS V.AFZULPURKAR, M.SEETHARAMA MURTI
Mere act of registration on legal maxim nemo dat quod non habet does not transfer or create a right in favour of a party than what the vendor or executant possesses. ... Lastly, he submitted that in any case registration of a document per se would not create any new title and the same is governed by the principles enunciated by the maxim "Nemo Dat Quad Non Habet" i.e. no person can transfer a better title than what he possesses in t....
Filter by Legal Phrase
