This is a legal rule which states that purchasing a property from someone who doesn’t have a title denies the purchaser of the property of an ownership title also. In simple words, if someone gets something because it was transferred to him- as a bequest, sale, gift, etc., he will only have that title which the previous owner had and nothing more. Which of the following legal phrase is being referred to here?

Ratio Decidendi Nemo debt non quad habit Res ipsa loquitur Res Judicata Accipitur Pro Veritate

Nemo debt non quad habit

Nemo debt non quad habit: The literal meaning of the phrase “nemo dat quod non habet” means no one can give what he does not have. This is a legal rule which states that purchasing a property from someone who doesn’t have a title denies the purchaser of the property of an ownership title also. In simple words, if someone gets something because it was transferred to him- as a bequest, sale, gift, etc., he will only have that title which the previous owner had and nothing more. The transferee derives his title from the transferor. This is also known as the derivative principle. Suppose, X transfers his property to Y. Then X turns around and transfers the property to Z. Following the rule of nemo dat quod non habet, Y will get the right from X. Now Y have the rights and X have none. So X cannot transfer Z the property.