Law:

Section:

(a) Transfer of Property Act (IV of 1882)--- ----S. 41---Transfer by ostensible owner---Bona fide purchaser, principle of---Essential pre-requisites---Principle of bona fide purchaser as enunciated by S. 41 of the Transfer of Property Act, 1882 was founded upon the principles of equity---Essential ingredients of the said principle were that the transferor was the ostensible owner; that the transfer was made by express or implied consent of the real owner; that the transfer was made for consideration; and that the transferee while acting in good faith had taken reasonable care before entering into such transaction---Said four essential ingredients must co-exist in order for a person to take the benefit of the equitable principle of bona fide purchaser. (b) Transfer of Property Act (IV of 1882)-- ----S. 41--- Transfer by ostensible owner---Bona fide purchaser---Scope---Error in revenue record---On account of some unintentional or deliberate error committed by the revenue staff in the revenue record which excluded the name of the lawful owner of the property therefrom and the property was shown to be in the name of some other person who was not the owner of the whole or a part thereof, would not by itself deprive and denude the true and actual owner from the title of the property---Therefore, in such a' situation made by the person, who was not the owner, to an alleged bona fide purchaser claiming protection under S. 41 of the Transfer of Property Act, 1882, could not be construed to be made with the express or implied consent of the real owner. (c) Transfer of Property Act (IV of 1882)-- ----S. 41--- Transfer by ostensible owner---Bona fide purchaser--¬Scope---Joint owners/co-owners of inherited property---Error in revenue record---Due to an error in revenue record which excluded the name of first joint owner of the property and the property was shown to he only in the name of the second joint owner, would not by itself deprive and denude the first joint owner from the title of the property--- Sale of property made by the second joint owner, in such circumstances, to an alleged bona fide purchaser claiming protection under S. 41 of the Transfer of Property Act,…

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