Which of the following doctrine finds application in Section 41 of Transfer of Property Act, 1882?
Section 41 protects a good-faith purchaser for consideration from an ostensible owner who has been held out as owner with the real owner’s express or implied consent,…
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Which of the following doctrine finds application in Section 41 of Transfer of Property Act, 1882?
Answer and explanation
Correct answer A
Section 41 protects a good-faith purchaser for consideration from an ostensible owner who has been held out as owner with the real owner’s express or implied consent, subject to the purchaser taking reasonable care. This is the holding-out/ostensible-ownership rule. Feeding a later-acquired grant by estoppel is section 43; lis pendens is section 52. Acquiescence may provide evidence of implied consent, but inaction is not the necessary or complete section 41 doctrine, which also operates on express consent.
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