Correct option is D
The concept of "ostensible owner" is defined under
Section 41 of the Transfer of Property Act, 1882. It applies when a person, though not the actual owner, appears to be the owner with the real owner's consent and transfers the property to a bona fide purchaser. If the purchaser acts in good faith, the real owner cannot later dispute the transfer.
In
Jayadayal Poddar vs Bibi Hazara, the Supreme Court applied this principle, holding that the real owner, who allowed someone to appear as the owner, is estopped from challenging the transfer made to a bona fide purchaser.
Information Booster:
The case clarified that an
ostensible owner transfers property with the real owner's implied or express consent. The purchaser, acting in good faith, is protected, and the true owner cannot reclaim the property. This case highlights the importance of the real owner’s representation in property transactions.
Additional Information:
1.
Option (a): Doctrine of Election deals with a person electing to accept a benefit or burden in property but is unrelated to ostensible ownership.
2.
Option (b): Doctrine of Part Performance protects transferees in possession when a transfer is incomplete, not applicable here.
3.
Option (c): Transfer by Unauthorized Person involves transfers by individuals without legal authority, distinct from transfers by ostensible owners.
