Law: Transfer of Property Act, 1882

Section: 41

(a) Transfer of Property Act (IV of 1882)--- ----S.41---Transfer by ostensible owner---Scope---Inheritance---Gift---Ingredients---Proof---Mutation---Co-sharer---Bona fide purchaser---Contention of plaintiff was that she was owner of suit property and impugned mutations were illegal whereas defendants contended that suit property had been transferred in their favour through gift---Suit was decreed concurrently---Validity---Limitation did not run against a void transaction nor efflux of time could extinguish right of inheritance---Mutation was not a proof of title and beneficiary was bound to prove original transaction---Once it was established that plaintiff was entitled for inheritance then she would become co-sharer in each and every inch of the property of deceased predecessor---Plaintiff was entitled to inherit the left-over of her deceased father as she had become co-sharer in the property on death of her father to the extent of her share---Co-sharers could not alienate the property more than their shares---Each co-sharer would be deemed to be owner in joint property and anyone of them could not act against rights and liabilities of other co-sharers---Donee excluding any heir from inheritance was required to establish the original transaction of gift---Nothing was on record with regard to declaration of gift or its acceptance---Mere transfer of possession to the donee was not sufficient to constitute a valid gift---Gift deed must justify the disinheritance of an heir which in the present case was lacking---Transfer of property should be for consideration and transferee must have acted in good faith taking reasonable care to ascertain that transferor had the power to transfer the property---Subsequent purchaser of suit property had not taken care of important aspect of the matter---Right of transferee should be protected from the share of defendants and not from the share of plaintiff---Principle of bona fide purchaser was based on equity which could not be invoked in such a manner that might cause injustice to the others---Vendees of suit property should claim their right, if any, from their transferors-defendants---Plaintiff being residuary of deceased…

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