An Analysis of Transfer of Property by Ostensible Owner





Sanya Minhas, Symbiosis Law School, Pune (Symbiosis International Deemed University)


Abstract


An ostensible owner is an apparent owner, meaning, that while an ostensible owner is not the actual or the real owner of the property, he has authority over the property, and has all the powers of the actual owner. This means that an ostensible owner is also capable of transacting with the property even if he is not the actual owner. Section 41 of the Transfer of Property Act, 1882 governs such transfers by ostensible owners. The section exists to protect the innocent third parties transacting with the ostensible owner from transfers turning voidable upon discovery of the actual ownership and is based on the concept of justice, equity and good conscience, and the doctrine of estoppel. This paper approaches the concept of ostensible ownership in a twofold manner; where the first part of this paper attempts to lay down the law of the land on transfers by ostensible owners and the conditions required to be fulfilled by transferees to be eligible for protection under this section and the second part of this paper draws out an outline of the legal development of the concept of ostensible ownership under Indian Jurisprudence.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.