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Relevance Of Section 41 After The Enactment Of Prohibition Of Benami Transaction Act, 1988

Mr. Parthik Choudhury, Army Law College, Pune


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.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​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.


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.

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