WHAT IS OESTENSIBLE OWNER

It is defined in section 41 of the transfer of property act. it refers where the person is not the real owner of the property but has all the characteristics of the real owner to perform a particular duty

illustrations

where x owns property in Delhi and the owner lives in London and her brother live in Delhi so his brother will perform all the duties and act as a real owner.

ESSENTIALS

there should be a transfer of immovable property

Done by the ostensible owner

The transferee acted in a good faith. this transfer applies to the partial transfer as well.

It is not necessary for a transfer to be that by the sale or exchange transfer must be voluntary, order of the court.

Must be for the consideration

Consent can be expressed or implied

 

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