Section 41

Transfer by ostensible owner.

The Transfer of Property Act, 1882

  • Act 4 of 1882
  • Ministry of Law and Justice
  • Legislative Department
About this Act

An Act to amend the law relating to the Transfer of Property by act of Parties.

All sections
    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 ground 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.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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