ostensible owner

An ostensible owner is a person who, with the express or implied consent of the real owner, appears to be the owner of immovable property. Under s.41 of the TP Act, a transfer by him for consideration is not voidable on the ground that he was not authorised to make it, if the transferee, after taking reasonable care to ascertain that the transferor had power to transfer, acted in good faith.

The rule is an application of estoppel and an exception to nemo dat quod non habet: the real owner who allowed another to appear as owner must bear the loss, not the innocent buyer. The buyer must show he made reasonable inquiries, such as examining title deeds and revenue records.

Example

The father let the house stand in his son's name for years; the buyer from the son, who had checked the records, was protected as having dealt with an ostensible owner.

In Indian law

• Section 41, Transfer of Property Act, 1882

See also

nemo dat quod non habet · benami transaction · estoppel · title

Read more in the study notes

• Ostensible owner, feeding the grant by estoppel and transfer by co-owner (Property Law)
• Legacies, ademption and protection of the estate (Family Law II - Mohammedan Law)
• Ownership: the idea and its analysis (Legal Concepts)
• Doctrine of lis pendens (Property Law)