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Which provisions of the Transfer of Property Act, 1882 respectively govern transfer by an ostensible…

Section 41 protects a transferee for consideration who acts in good faith and takes reasonable care to check the ostensible owner's power, where the interested persons…

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Which provisions of the Transfer of Property Act, 1882 respectively govern transfer by an ostensible owner and the transferee's election to take an interest later acquired by an unauthorised transferor?

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Answer and explanation

Correct answer D

Section 41 protects a transferee for consideration who acts in good faith and takes reasonable care to check the ostensible owner's power, where the interested persons consented to the ostensible ownership.

Section 43 applies when a person fraudulently or erroneously represents that they can transfer immovable property and purports to transfer it for consideration. The transferee may elect to take the interest the transferor later acquires while the contract subsists.

The election is subject to protection for a transferee in good faith for consideration without notice of the option.

Option feedback

Option A

Section 41 concerns ostensible ownership. Section 42 concerns a transfer by a person authorised to revoke a prior transfer.

Option B

Section 43 governs the later-acquired interest, and section 44 deals with a transfer by a co-owner.

Option C

Section 44 deals with a co-owner transferring their share or interest.

Option D

Section 41 concerns the ostensible owner, and section 43 provides the election concerning the later-acquired interest.

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