Question

The doctrine which encompasses the crux of the maxim ‘ qui prior est tempore potior est jure’.

• A. Rule against perpetuity
• B. Doctrine of holding out
• C. Doctrine of priority of rights
• D. Doctrine of lost grant

Hint:

The priority of rights under Section 48 is subject to exceptions like Section 78 (postponement of prior mortgagee due to fraud/negligence) and registered documents taking precedence over unregistered ones.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks to identify the legal doctrine that is represented by the Latin maxim "qui prior est tempore potior est jure".

Step 2: Detailed Explanation:

• Interpretation of the Maxim: "Qui prior est tempore potior est jure" translates to "he who is first in time is better in law" or "priority in time gives priority in right".

• Section 48 of the Transfer of Property Act, 1882: This section enacts the "Doctrine of Priority of Rights".
It states that where a person purports to create by transfer at different times rights in or over the same immovable property, and such rights cannot all exist or be exercised together to their full extent, each later created right shall, in the absence of a special contract, be subject to the rights previously created.

• Example: If A mortgages a property to B in January and subsequently mortgages the same property to C in February, B's right has priority over C's right because B's interest was created first in time.

Step 3: Final Answer:
The doctrine in question is the Doctrine of priority of rights (Option C).