CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES · (B) Transfer of Immoveable Property
The Transfer of Property Act, 1882
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.
1 question in 6 of our papers cite Section 41. Try these from the free papers:
1. Consider the following statements regarding Section 41 of the Transfer of Property Act, 1882: 1. The section applies to moveable as well as immoveable property. 2. The transferor must be the ostensible owner with the consent, express or implied, of the persons interested in the property. 3. The protection is available only to a transfer for consideration. 4. The transferee must have taken reasonable care to ascertain that the transferor had power to make the transfer and must have acted in good faith. Which of the statements given above is/are correct?