The property of a deceased Mohammedan was inherited by 'A', 'B', and 'C' (grandsons) and 'W' and 'X'…
Under Section 41 of the Transfer of Property Act, 1882 (transfer by ostensible owner), where a person is in possession and recorded as owner in the revenue records (Khatoni)…
Choose your answer
The property of a deceased Mohammedan was inherited by 'A', 'B', and 'C' (grandsons) and 'W' and 'X' (daughters). The grandsons took possession of the whole property, entered it in their own names in the 'Khatoni' Register, and two years later mortgaged it. The daughters first heard of the mortgage when the mortgagee brought the property to sale, and although it does not appear that they had husbands to protect their interest, their claim was held:
Answer and explanation
Correct answer D
Under Section 41 of the Transfer of Property Act, 1882 (transfer by ostensible owner), where a person is in possession and recorded as owner in the revenue records (Khatoni) with the implied consent or acquiescence of the other co-heirs, and transfers the property for consideration to a transferee who acts in good faith after taking reasonable care, the transfer is binding on the real owners. Since the daughters permitted the grandsons to remain in exclusive possession and mutated as sole owners in the Khatoni Register and only objected when the mortgagee brought the property to sale, their claim to avoid the mortgage was held barred by Section 41 of the Transfer of Property Act, 1882.
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