This document studies the concept of 'ostensible owner' in property law, focusing on Section 41 of the Transfer of Property Act, 1882. It examines the essentials of this provision, including consent, reasonable care, and good faith, while discussing relevant case laws to illustrate its application. The conclusion emphasizes that Section 41 protects the rights of third parties acting in good faith when purchasing property from ostensible owners, balancing the interests of both innocent parties and true owners.

1. TOPIC:
“A STUDY ON THE PROVISION RELATING
TO THE TRANSFER BY OSTENSIBLE
OWNER”
Name: Yashi Jain
Course: B.A.LLB
Semester: 6th
Subject: Property Law

2. OBJECTIVES
1. To know and understand the meaning of ostensible owner.
2. To study the evolution of the concept of ostensible owner
through various case laws.
3. To determine the relevance of the doctrine by studying the
provision of the transfer by an ostensible owner.

3. INTRODUCTION
 Meaning of Ostensible owner ?
 The concept of ostensible owner is an exception to the
general rule of the transfer.
 Idea is established under Section 41 of the Transfer of
Property Act, 1882.

4. ESSENTIALS OF SECTION 41
 The person transferring the property should be an
ostensible owner.
 Consent: Either expressed or implied.
- Capacity of consent.
- For the owner’s consent, he must be aware about his rights.
 Consideration.

5. ESSENTIALS OF SECTION 41
 Reasonable care
- A duty casted upon the transferee.
- He needs to show that he has acted like a reasonable man of
business with ordinary prudence.
 Good Faith
- The transferee must not neglect true facts.

6. APPLICABILITY: JUDICIAL
PRONOUNCEMETS
 Ramcoomar Koondoo Vs John McQueen, 1872
 Jaya Dayal Poddar Vs Bibi hazra, 1974
1. Look for the source of money.
2. Intention to purchase the property.
3. Who is enjoying the benefits of the property.
4. Concluding: Why property is brought under the name of
other person.

7. CONCLUSION
Testifying Hypothesis
“Section 41 of the Transfer of property act is protecting the rights of the
third person who has acted in a good faith to purchase the property
from its true owner/ ostensible owner by creating an estoppel to make
the transfer of the property uninterrupted in favor of the third person”.
The act serves twin fold objectives- first, it protects the innocent
party’s interest and second it safeguards the interest of the real
owner. section 41 of the Transfer of Property Act, 1882 the
interests of the innocent party that deals with the contract of
transfer are well secured.

8. THANK YOU !