LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Abhinav Sharma (intern)     21 June 2011

transfer by ostensible owner

can the father be an  ostensible owner of an ancestral property??

Does he possess right to transfer such property wholly??



Learning

 2 Replies

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in good faith and takes reasonable care to find out that the transferor had power to transfer, the transfer cannot be rescinded on the ground of incapacity on the part of the transferor.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.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register