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Under section 41 of the Transfer of Property Act, 1882, what is a person called when they appear to own…

Section 41 uses the term ostensible owner for a person who appears to own immovable property with the consent of the persons interested in it. Protection of a transfer for…

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Under section 41 of the Transfer of Property Act, 1882, what is a person called when they appear to own immovable property with the express or implied consent of the persons interested in it?

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Answer and explanation

Correct answer A

Section 41 uses the term ostensible owner for a person who appears to own immovable property with the consent of the persons interested in it. Protection of a transfer for consideration also depends on the transferee taking reasonable care to verify the power to transfer and acting in good faith.

Option feedback

Option A

Section 41 uses ostensible owner for ownership held out with the interested persons' express or implied consent.

Option B

Co-ownership involves holding an ownership interest together with another person.

Option C

Equitable ownership is not the label section 41 gives to ownership held out by consent.

Option D

A mortgagee holds a mortgage interest as security, rather than apparent ownership by consent.

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