Scribd
Upload
322 views2 pages

Ostensible Owner

Section 41 of The Transfer of Property Act, 1882 allows a transfer by an ostensible owner to be valid if the actual owner's consent is given and the transferee acts in good faith after exercising reasonable care. An ostensible owner is someone who appears to be the owner but is not the real owner, often involved in benami transactions. This section applies specifically to immovable property and establishes conditions under which such transfers can occur without being voidable.

Uploaded by

PRABANJALI S P
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
322 views2 pages

Ostensible Owner

Section 41 of The Transfer of Property Act, 1882 allows a transfer by an ostensible owner to be valid if the actual owner's consent is given and the transferee acts in good faith after exercising reasonable care. An ostensible owner is someone who appears to be the owner but is not the real owner, often involved in benami transactions. This section applies specifically to immovable property and establishes conditions under which such transfers can occur without being voidable.

Uploaded by

PRABANJALI S P
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Section 41 in The Transfer Of Property Act, 1882

Transfer by ostensible owner.—


 Where, with the consent, express or implied,
 of the persons interested in immoveable property,
 a person is the ostensible owner of such property and
 transfers the same for consideration,
 the transfer shall not be voidable on the ground that the transferor
was not authorised to make it:
 provided that the transferee, after taking reasonable care to
ascertain that the transferor had power to make the transfer, has
acted in good faith.
The general rule is that a person cannot confer a better title that
what he himself has .This is known by latin maxim nemo dat quod
non habet .However section 41 is an exception to this rule.

Ostensible owner

An ostensible owner is that person who is not the real owner of the
property but someone who has all the indica of ownership (without being
the real owner).The ostensible owner of the property look like a real owner
of the property his name may appear in the title deeds and other revenue
reocrds and he may also possesses the property.
o The word ‘ostensible’ literally means ‘apparent’ or ‘seeming’
o Where a person purchases property in the name of another person it
is called a benami transaction. The person in whose name the
property is purchased is called benamidar. A benamidar is an
ostensible owner.
Condition for transfer by obstensible owner

 The person transferring the property must be the ostensible


owner.
 The actual owner’s consent, either expressed or implied, is
required.
 The ostensible owner must receive some form of compensation
in exchange for the property.
 The transferee must exercise reasonable caution regarding the
transferor’s authority over the property and act in good faith.
 It’s important to note that this section applies only to the
transfer of immovable property and not movable property.

Test to find out ostensible owner ( refer guide pg no 133)

Case law

1. Ramcoomar Koondoo v. John and Maria McQueen,


2. Annoda mohan vs nilphamari
3. Luchmun v kallichuram
[Link]
#1_Ramcoomar_Koondoo_v_John_and_Maria_McQueen_1872
[Link]

part performance
[Link]
2020090914380397317-Legal_Angle_-_September_2020_-_Issue_02.pdf

You might also like