Legal World

Section 41 TPA — Transfer by ostensible owner

The Transfer of Property Act, 1882 · Official PDF page 17

Open in NyayaOfficial PDF, page 17

41. 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 violable on the gro und 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.

Text extracted from the official PDF (India Code source copy; consolidation date not certified). Line breaks and footnote marks may differ; the PDF is the authority.

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