other co-sharers as the ostensible owner of the
property. The conduct of the co-sharers in permitting
Ismail to manage the common property ... fact or law was not the
full owner, was an ostensible owner of the
entire interest in the property and that the
co-heirs were
purchases a property from ‘B’ in the name of ‘C’
(benamidar/ostensible owner), wherein ‘A’ exercise
rights/interest over the property.
13.2 The term ‘benami ... principle that in
law, the real owner is recognized over the ostensible owner. 5
This principle had certain statutory exceptions, albeit
limited, such as Section
real owner and
not of the benamidar, who is merely an ostensible owner. The
test lies in whether upon the death of the benamidar, there ... owner of an estate,
and a third person purchases it for value from the
apparent owner in the belief that he is the real owner
respondents, however, argued that the respondents being bona fide purchasers from ostensible owners for a consideration and in good faith, the sale deed is valid ... person who has allowed another to occupy the position of an ostensible Owner has a limited estate, the rule of Section 41 applies only during
showed that with his implied consent,
Rukminibai represented to be the ostensible owner of the suit property and
transferred the same to plaintiffs for consideration ... regard to section 41 of Transfer of Property Act, when the ostensible owner
Rukminibai sold the property with the implied consent of Damodar
obligation
under S. 31 his liability continues. Further he is the ostensible owner of
the vehicle so long the registration is not changed. The liability ... registered owner of the vehicle is only benamider when the real owner never
obtained the insurance. It was held that the registered owner has
sufficient
Ruler as the holders of the land.
The Farm being the ostensible owner and agent of the real owners was
competent to take part ... agent. The possession of the Farm was
clearly as an ostensible owner. The proceedings initiated, conducted and
concluded against the ostensible owner are binding both
which are as under :
"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
registered sale deed dated 4th May, 1977 and through the
ostensible owner, the de-facto complainant purchased the property
by registered sale deed dated 22nd ... instance of
Vinod Kumar Gupta was pending adjudication, the ostensible owner
Shravan Kumar Gupta executed a registered sale deed dated 22nd
December, 2018 in favour
funds and that the defendant Gupta was held out
as an ostensible owner of that business. In coming to that
conclusion the learned Trial Judge ... ostensible title to be the real title unless a plaintiff who
seeks to assert the contrary pleads and proves that the
ostensible owner
