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Which type of sale falls outside section 41 of the Transfer of Property Act, 1882 even where the buyer…

Section 41 concerns a voluntary transfer for consideration by an ostensible owner acting with the express or implied consent of the persons interested in the property. The…

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Which type of sale falls outside section 41 of the Transfer of Property Act, 1882 even where the buyer gives consideration and acts in good faith?

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Answer and explanation

Correct answer A

Section 41 concerns a voluntary transfer for consideration by an ostensible owner acting with the express or implied consent of the persons interested in the property. The transferee must take reasonable care to ascertain the transferor’s authority and act in good faith. A sale in execution of a decree is outside that rule under section 2(d). Under section 54, the price in a private sale may be paid, promised, or partly paid and partly promised.

Option feedback

Option A

An execution auction is a court sale under a decree.

Option B

Payment in full is a form of consideration for a private sale.

Option C

A promised price is a recognised form of consideration for a private sale.

Option D

A price partly paid and partly promised is a recognised form of consideration for a private sale.

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