can the father be an ostensible owner of an ancestral property??
Does he possess right to transfer such property wholly??
Abhinav Sharma (intern) 21 June 2011
can the father be an ostensible owner of an ancestral property??
Does he possess right to transfer such property wholly??
pratik (self working) 21 June 2011
what do u mean by ostensible owner?
Abhinav Sharma (intern) 22 June 2011
An ostensible owner is one who seems to have the complete ownership without being the real owner. The General principle of law is that an ostensible owner cannot pass on a valid title to the transferor but if such an owner transfers a property for consideration with the proper consent of the real owner and the transferee acts in good faith and takes reasonable care to find out that the transferor had power to transfer, the transfer cannot be rescinded on the ground of incapacity on the part of the transferor. Also, the real owner cannot avoid such a transfer by the ostensible owner. A person cannot be an ostensible owner if he is entrusted with temporary domain of the property of the real owner.