Mr. Parthik Choudhury, Army Law College, Pune
ABSTRACT
Section 41 of the “Transfer of Property Act, 1881” [Hereinafter, “TPA”] lays down the law regarding the transfer of a property by an ostensible owner. An “ostensible owner” is a person who has been given the title by the real owner of the property. Even though the ostensible owner does not have the actual title of the property, he has the right to sell the property to a third person.
However, with the introduction of the “Benami Transactions (Prohibition) Act, 1988” [Hereinafter, “Benami Act”], the Government has sought to enforce a crackdown on benami properties, in order to curb financial crimes, and corruption. In the present article, an attempt would be made to analyze the relevance of Section 41 of the TPA after the enactment of the Benami Act.
Keywords: Transfer of Property; Benami Transactions; Ostensible Owner; Ownership Rights.
