Transfer of Property Act, 1882 · Chapter II: Of Transfers of Property by Act of Parties · Apportionment
Section 41: Transfer by ostensible owner
Where, with the consent, express or implied, of the persons interested in immoveable property, a person is the ostensible owner of such property and transfers the same for consideration, the transfer shall not be violable on the ground that the transferor was not authorised to make it:
Provided that the transferee, after taking reasonable care to ascertain that the transferor had power to make the transfer, has acted in good faith.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 41
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Rajeev Gupta & Ors. v. Prashant Garg & Ors.
Issue arose whether the suit was barred by limitation; whether the sale deeds were void documents; whether the Will stood admitted in the previous suits and was no longer required to be proved; whether the First…
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Shingara Singh v. Daljit Singh & Anr.
Whether the High Court, under the impugned judgment, was justified in holding that the sale deed executed by defendant no. 1 in favour of defendant no.2/appellant was hit by doctrine of lis pendens and that defendant…
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Kaushik Premkumar Mishra & Anr. v. Kanji Ravaria @ Kanji & Anr.
Whether the sale deed dated 02.12.1985 was executed by Respondent No. 2; whether the sale consideration was paid with respect to sale deed dated 02.12.1985; whether the sale deed dated 02.12.1985 was presented for…
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Duni Chand v. Vikram Singh and Others
Whether the High Court erred in extending the benefit of Section 41 of the Transfer of Property Act, 1882, to the defendants despite the lack of specific pleadings, and no evidence to show consent of interested persons.
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Chander Bhan (D) Through LR Sher Singh v. Mukhtiar Singh & Ors.
(1) Whether respondent-purchasers were unaware of lis-pendens and could claim to be bona-fide purchasers and be entitled to protection u/s.41 of the Transfer of Property Act, 1882; (2) Whether the principle of…
- Mrs. Umadevi Nambiar v. Thamarasseri Roman Catholic Diocese Rep by Its Procurator Devssia’S Son Rev. Father Joseph Kappil
- Jogi Ram v. Suresh Kumar & Ors
- Gopal Singh (Dead) by Lrs. v. Swaran Singh & Ors.
- V. Chandrasekaran & Anr. v. The Administrative Officer & Ors.
- Kammana Sambamurthy (D) by Lrs. v. Kalipatnapu Atchutamma (D) and Ors.