The correct answer is (b), Section 42.
The principle of ‘feeding the grant by estoppel’ is a legal doctrine that prevents a person from denying the existence of a right that they have previously acknowledged. In the context of property law, this doctrine can be used to prevent a person from denying the existence of a right to property that they have previously granted to another person.
Section 42 of the Transfer of Property Act 1882 provides that a person who has granted a right to property to another person cannot subsequently deny the existence of that right. This is because, by granting the right, the person has created an estoppel against themselves.
For example, if A grants B a right of way over A’s land, A cannot subsequently deny the existence of that right. This is because, by granting the right of way, A has created an estoppel against themselves. B can rely on the estoppel to prevent A from denying the existence of the right of way.
The principle of ‘feeding the grant by estoppel’ is a valuable tool that can be used to protect the rights of property owners. It is important to be aware of this principle, as it can have a significant impact on the ownership of property.
The other options are incorrect because they do not refer to the principle of ‘feeding the grant by estoppel’. Section 40 of the Transfer of Property Act 1882 deals with the transfer of property by a person who is not the owner. Section 43 of the Transfer of Property Act 1882 deals with the transfer of property by a person who is the owner but who does not have the power to transfer the property. Section 44 of the Transfer of Property Act 1882 deals with the transfer of property by a person who is the owner and who has the power to transfer the property, but who does not have the intention to transfer the property.