25. Mistake as to persons or formalities preventing the passing of property.

25.     Mistake as to persons or formalities preventing the passing of property.

Where A intends to pass property in money1 or other chattels2 by delivery to B, but mistakenly delivers to C, property does not pass either to B or to C.

Where A intends to pass property by deed to B, but misdescribes him, the court will give effect to it if B's identity can be ascertained3. If A intends B but mistakenly names C, the court may rectify the deed4.

If, by mistake, the wrong person is registered as proprietor of