Literal Meaning
He who is prior in time is stronger in right.
Explanation
The principle laid down by the maxim ‘Qui Prior Est Tempore Potior Est Jure’ provides on of the most famous doctrine of the property law (the Doctrine of Priority). The determination of the relative rights and priorities of successive assignees of the same or overlapping rights has been a serious problem for the Courts. When there are two or more competing equitable interests, the equitable maxim qui prior est tempore potior est jure (he who is earlier in time is stronger in law) applies. It is a principle of natural justice that if rights are created in favour of two persons at different times, the one who has the advantage in time should also have the advantage in law. This rule, however, applies only to cases where the conflicting equities are otherwise equal.[1]
Indian Law Position
Section 48 of the Transfer of Property Act embodies this principle in legislation. Section 48 of the Transfer of Property Act states the following –
“48. Priority of rights created by transfer —
Where a person purports to create by transfer at different times rights in or over the same immoveable property, and such rights cannot all exist or be exercised to their full extent together, each later created right shall, in the absence of a special contract or reservation binding the earlier transferees, be subject to the rights previously created.”[2]
However, it the principle is subject to certain exceptions under Indian Law.
Case Laws
Arunachalam Asari (Died) And Ors. v. Sivan Perumal Asari And Anr.
In the above mentioned case honourable Madras High Court dealt with issue relating Section 48 of the Transfer of Property Act, 1882.[3]
Icici Bank Ltd v. Sidco Leathers Ltd. & Ors.
In the above-mentioned case honourable Supreme Court of India dealt with issue relating to Section 48 of the Transfer of Property Act, 1882.[4]
Prapul Chandra Mukpalkar & Anr. Vs P. Ramachandra Reddy & Anr.
In the above-mentioned case, the honourable Andhra Pradesh High Court took reference of the maxim Qui Prior Est Tempore Potior Est Jure.
Edited by Vigneshwar Ramasubramania
Approved & Published – Sakshi Raje
Reference
[1] Karandeep Makkar, Doctrine of Priority in Property Law, Manupatra (July 4, 2019, 7:15PM), https://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=9b1e9f15-12c3-45a8-ab6f-689dfd38a958&txtsearch=Subject: Property.
[2] Transfer of Property Act 1882, s. 48.
[3] S. Arunachalam Asari (Died)& Ors. v. Sivan Perumal Asari & Anr., AIR 1970 Mad 226.
[4] Icici Bank Ltd v. Sidco Leathers Ltd. & Ors., Appeal (civil) 2332 of 2006.
