Transfer Of Property Act, 1882
41. Transfer by ostensible owner.—
Where, with the consent, express or implied, of the persons interested in immoveable property ... person is the ostensible owner of such property and transfers the same for consideration, the transfer shall not be voidable on the ground that
change in the beneficial interest in such shares the beneficial owner shall, within thirty days from the date of such change, make a declaration ... executed or entered into in relation to any share, by the ostensible owner thereof, or any hypothecation by the ostensible owner of any share
name of such person or any other person as an ostensible owner, then the High Court may, at any time, whether before or after making ... property so attached shall remain subject to attachment unless the ostensible owner can prove to the satisfaction of the High Court that
owner of an estate and a third party purchased for value from the apparent owner in the belief that he is the real owner ... called ostensible owner by any fraudulent means created documents without the knowledge of the real owner and represented himself as the owner of the property
name of such person or any other person as an ostensible owner, then the High Court may, at any time, whether before or after making ... property so attached shall remain subject to attachment unless the ostensible owner can prove to the satisfaction of the High Court that
transfer.
The word "ostensible" according to dictionary means
apparently true, but not necessarily so, therefore, ostensible owner would
include even the transferee from ... person registered as
owner of the property is to be treated as true owner of the property and
the true owner is otherwise debarred from
consent, express or implied, of Kamaraju and his sons, the ostensible owner of the property described therein and that the mortgage was taken by Venkayya ... been even born then. Under the terms of the section, the ostensible owner must be found to have been holding the property
true owner, made a transfer during the pendency of a suit by such owner, in which the title of the ostensible owner had been questioned ... ostensible owner with the consent, express or implied, of the true owner till the date of the suit; but the true owner expressly repudiated
thus, sale on behalf of Buta Singh is sale by ostensible
owner and, therefore, the appellant is protected in terms of Section ... sale
effected by Muslim owner was a sale of land by ostensible owner and is
protected. It is the said judgment which has been made
real owner but only to hold that the real owner would be bound by any finding given in the proceedings against the ostensible owner despite ... have to be of the ostensible owner since the real owner is not in know except to
the ostensible owner. This declaration by the
ostensible
