The Transfer Of Property Act’s Section 41
Transfer Of Property Act’s Section 41- The idea of an ostensible owner is defined in this section. In order to safeguard Indian homebuyers, Section 41 of the Transfer of Property Act elaborates the idea of an ostensible owner.
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What is said in Transfer of Property Section 41?
This clause states that a property acquisition cannot be deemed void if an ostensible owner sold the property. And the buyer reasonably believed that the ostensible owner actually owned the property. To ensure the legal integrity of such transactions, the section lays out a few guidelines.
- The vendor must appear to be the owner.
- The seller (ostensible owner) has documentation to support his claim. That the real owner gave their implied or express agreement to the transaction.
- The apparent owner should receive compensation in return.
- The buyer exercised due diligence to make sure the seller was acting honestly while selling the property.
Who is an apparent owner?
In accordance with Section 41, a person shall be regard as the ostensible owner of a property if they can demonstrate with sufficient evidence. That the real owner has given them permission to make decisions pertaining to the property on their behalf. In other words, an ostensible owner is not the genuine owner of the property but may speak for the real owner in matters pertaining to the property.
For instance, if a non-resident Indian transfers ownership of his property there to one of his close relatives for upkeep and eventual sale. The relative would be regard as the property’s ostensible owner. Based on the aforemention circumstances, it will be decide whether or not this transaction is legitimate.
In such cases, who bears the burden of proof?
It would be the buyer’s responsibility to demonstrate that the seller was in fact the ostensible owner of the property. And that he had the real owner’s permission to sell it in the event that a dispute in this transaction need to be resolve. He should also need to demonstrate that he paid the putative seller for the transaction. And that he exercised due diligence to learn about the rights of the ostensible owner. The buyer’s case can also be strengthen if he can show that the purport owner misled him and made the sale by hiding important information from him.
If the buyer cannot substantiate any of these claims, the deal will be deem invalid, and he will forfeit the property he just purchased.
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