OSTENSIBLE OWNER.pptx

the present power point presentation deals with the subject transfer of property act section 41 which talks about ostensible ownership. The ppt will be very helpful in understanding the topic and covers the relevant case laws for the same in a summarized way in 8 slides.

1. TOPIC: “ A STUDY ON THE PROVISION RELATING TO THE TRANSFER BY OSTENSIBLE OWNER” Name: Yashi Jain Course: B.A.LLB Semester: 6 th Subject: Property Law

2. OBJECTIVES To know and understand the meaning of ostensible owner. To study the evolution of the concept of ostensible owner through various case laws. To determine the relevance of the doctrine by studying the provision of the transfer by an ostensible owner.

3. INTRODUCTION Meaning of Ostensible owner ? The concept of ostensible owner is an exception to the general rule of the transfer. Idea is established under Section 41 of the Transfer of Property Act, 1882.

4. ESSENTIALS OF SECTION 41 The person transferring the property should be an ostensible owner. Consent: Either expressed or implied. Capacity of consent. For the owner’s consent, he must be aware about his rights. Consideration.

5. ESSENTIALS OF SECTION 41 Reasonable care A duty casted upon the transferee. He needs to show that he has acted like a reasonable man of business with ordinary prudence. Good Faith - The transferee must not neglect true facts.

6. APPLICABILITY: JUDICIAL PRONOUNCEMETS Ramcoomar Koondoo Vs John McQueen, 1872 Jaya Dayal Poddar Vs Bibi hazra , 1974 Look for the source of money. Intention to purchase the property. Who is enjoying the benefits of the property. Concluding: Why property is brought under the name of other person.

7. CONCLUSION Testifying Hypothesis “Section 41 of the Transfer of property act is protecting the rights of the third person who has acted in a good faith to purchase the property from its true owner/ ostensible owner by creating an estoppel to make the transfer of the property uninterrupted in favor of the third person”. The act serves twin fold objectives- first, it protects the innocent party’s interest and second it safeguards the interest of the real owner. section 41 of the Transfer of Property Act, 1882 the interests of the innocent party that deals with the contract of transfer are well secured.

8. THANK YOU !