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.
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