The primary condition is that the person who is transferring the property should be ostensible. In the case of an ostensible owner as envisaged by sec 41, there are indications of ownership in hands of transferor like title, entries in records etc. There should be either implied or express consent from the owner of the property. Section 41 of transfer of property act defines ostensible owner. Difference between ostensible owner and benamdar as envisaged by benami transaction prohibition act, 1988.
Transfer by ostensible owner section 41, transfer of property act, 1882 where, with the consent, express or implied, of the persons interested in immovable 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. Ostensible owner is a person who has all the indications of ownership and looks like owner of property but is not the real owner. Ownership definition is the state, relation, or fact of being an owner. Transfer by person having authority to revoke former transfer. Transfer for consideration by persons having distinct interests. It means an act by which a living person conveys property in present or in future to one or more living persons, or to himself, or.
Use pdf download to do whatever you like with pdf files on the web and regain control. Transfer by unauthorized person who subsequently acquires interest in property transferred. And when you want to do more, subscribe to acrobat pro. Only with adobe acrobat reader you can view, sign, collect and track feedback, and share pdfs for free. Transfer by ostensible owner where with the consent, express or implied, of the persons interested in immovable 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 authorized to make it. Ownership definition of ownership by merriamwebster.
Ostensible ownership or agency one of the exceptions, mentioned in 41, to the general rule that a person who has no title to goods cannot confer a title upon a third party, is the case in which the owner is estopped from denying the validity of the sale. Web to pdf convert any web pages to highquality pdf files. The ostensible owner should get some consideration in return of the property. Wetransfer is the simplest way to send your files around the world. Benami transaction prohibition act and its impact on law. The transfer should be for some consideration in return. When a pdf file is protectedsecured with a change permissions password also called pdf owner password, you wont be able to edit, copy, print or. There should be consent form the real owner, which can be implied or express form. Transfer by ostensible owner page 1 transfer of property act 1882 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively discussed here, the laws pass by the parliament and its implementation in the courts are commonly discussed here in length. The primary condition is that the person who is transferring the property should be ostensible owner. Position of ostensible owner in indian property law visa.
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