Under section 41 of the Transfer of Property Act, 1882, which option most completely states the…
Section 41 requires the transferee to take reasonable care to ascertain the ostensible owner’s authority and act in good faith. Other statutory conditions also apply,…
Choose your answer
Under section 41 of the Transfer of Property Act, 1882, which option most completely states the transferee’s combined duties concerning the ostensible owner’s authority and good faith?
Answer and explanation
Correct answer D
Section 41 requires the transferee to take reasonable care to ascertain the ostensible owner’s authority and act in good faith. Other statutory conditions also apply, including the interested persons’ consent to the ostensible ownership and a transfer for consideration. Either inquiry alone or good faith alone is an incomplete statement of the combined duties asked here.
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