Transfer of Property by Ostensible Owner​

Divyanshi Saxena and Gurusha Muniyal 
University of Petroleum and Energy Studies, Dehradun, India.

Volume III, Issue VI, 2020

The doctrine of ostensible owner has been laid down under section 41 of the Transfer of Property Act,1882. The term ostensible signifies something which is not real or true in nature and therefore the term ostensible owner can be understood as someone who is not the real owner yet represents as one during the transfer of the property to which he is an owner to.

The Doctrine of Ostensible Owner was established to protect the rights of 3rd party to whom the property was to be transferred to. The Doctrine of Ostensible owner is based on 2 maxims, i.e., Nemo dat quod non habet and nemo plus juris and alium transferee potestquamipsa habet However, there are certain essentials that needed to be fulfilled in order to be called as an ostensible owner. Ever transfer authorized by an ostensible owner is valid according to section 41 of the transfer of property act.

Under this project, the research tries to adapt a detailed study about section 41. The research tries to unveil the nuances related to ostensible owner. The project had deeply analyzed landmark cases such as Ramcoomar Koondoo V. John and Maria McQueen and Jaya Dayal Poddar Vs Bibi Hazra to understand the origin of the doctrine and tests established by court to confirm the essentials of the doctrine. The project has also unravelled the understanding of each term associated to the topic as well as analyzed the essentials to fulfill the doctrine.

After reading the project, the reader will attain high knowledge of Section 41 as well as intricacies related to it.

Keywords: Ostensible, owner, essentials, consent, implied, express, Transfer, Valid, rights of third party.