Section 41 of the Transfer of Property Act, 1882 applies to voluntary transfer and has no application to:
Sections 41 and 43 concern the relevant voluntary transfers by ostensible or unauthorised owners. A court conducting an involuntary execution sale does not act as such an…
Choose your answer
Section 41 of the Transfer of Property Act, 1882 applies to voluntary transfer and has no application to:
Answer and explanation
Correct answer A
Sections 41 and 43 concern the relevant voluntary transfers by ostensible or unauthorised owners. A court conducting an involuntary execution sale does not act as such an owner; section 41 does not itself confer that statutory protection on an auction purchaser. Distinct estoppel or auction-sale rules may apply on their own facts.
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