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Example
Statutory link
Exceptions / limits
Opposite / Related
Exam tip
Memory trick
Key takeaway
Qui prior est tempore potior est jure
| Literal meaning | He who is first in time is stronger in right |
|---|---|
| Pronunciation | kwee PREE-or est TEM-poh-ray POH-tee-or est YOO-ray |
Where two persons have equal claims over the same thing, the earlier claim prevails. It is used for priority of interests in property.
Example
A mortgages his house to B and later mortgages the same house to C, both equally. B's earlier mortgage ranks first.
Statutory link
Section 48 of the Transfer of Property Act, 1882 gives priority to rights created earlier in time.
Exceptions / limits
The rule applies only when the claims are otherwise equal. Fraud, notice or registration can change the priority.
Exam tip
Asked in property law on priority of rights.
Memory trick
First come, first served.
Key takeaway
Where claims are equal, the earlier one wins.
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