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Which transaction falls outside section 41 of the Transfer of Property Act, 1882 because it is not a…

Section 41 protects a transferee for consideration who takes from an ostensible owner whose appearance of ownership has the consent of the persons interested. The transferee…

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Which transaction falls outside section 41 of the Transfer of Property Act, 1882 because it is not a voluntary transfer by act of parties?

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Answer and explanation

Correct answer A

Section 41 protects a transferee for consideration who takes from an ostensible owner whose appearance of ownership has the consent of the persons interested. The transferee must take reasonable care to check the transferor's power and act in good faith. A court auction in execution of a decree is not such a transfer by act of parties under sections 2(d), 5 and 41.

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Option A

A court auction in execution is governed by the decree and execution process. It is not a voluntary transfer by an ostensible owner under section 41.

Option B

A private sale for a price paid is a voluntary transfer for consideration. It can qualify if the other section 41 conditions are satisfied.

Option C

A promised price can support a private sale under section 54. Such a sale can qualify under section 41 if its other requirements are met.

Option D

A price partly paid and partly promised can support a private sale under section 54. Such a sale can qualify under section 41 if its other requirements are met.

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