What is the difference b/w section 41 and section 43 of Transfer of property Act?
1 Replies
Aditya Soni
(CS Final Student Trainee)
(727 Points)
Replied 15 May 2012
Dear Jyoti,
As per my understanding, section 41 explains about the "ostensible" owner of the property.
If an ostensible owner of the property transfers the same, then it is not "voidable", provided that the transferee has taken reasonable care to ascertain that the transferor had power to make the transfer and he has acted in good faith.
while section 43 says, " If the person is fraudulently representing that he is authorised to transfer the property and does the same, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists.
For Example,
A, a Hindu who has separated from his father B, sells to C three fields, X, Y and Z, representing that A is authorised to transfer the same. Of these fields Z does not belong to A, it having been retained by B on the partition; but on B’s dying A as heir obtains Z. C, not having rescinded the contract of sale, may require A to deliver Z to him.
Regards,
Aditya
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