Transfer by ostensible owner
Section 41 of the Transfer of Property Act, 1882 deals with 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 Act came into force on 01 Jul 1882.
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.
Section 41, The Transfer of Property Act, 1882 (Act 4 of 1882).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kammana Sambamurthy (d) by Lrs vs Kalipatnapu Atchutamma
Court's Decision & Legal Precedent
When an agreement of sale is executed by a vendor for the entire property, but it later transpires that the vendor is only a co-owner and does not have full title due to a co-owner spouse's undivided share in ancestral property: (1) The agreement is binding on the vendor to the extent of his own share; (2) Specific performance can be granted for the vendor's share even if the co-owner spouse is not party to the agreement and does not consent; (3) This is not a case of partial specific performance under Section 12 of the Specific Relief Act, but rather a case of whole performance of the vendor's contract obligation to sell his own share; (4) The contract is severable between the vendor's share and the co-owner's share; (5) The vendee, after obtaining the sale deed for the vendor's share, has the right to apply for partition and get his demarcated share; (6) The non-joinder of the co-owner does not prevent enforcement of the contract against the contracting party (the vendor) to the extent of his share; (7) Doctrine of estoppel and implied authority cannot be used to bind a non-party co-owner who explicitly and timely objected to the agreement.
On this section: The doctrine of ostensible owner was invoked by the vendee but not accepted. The Court found that it was not even the case of the vendee that the vendor was the ostensible owner of the property; hence, Section 41 has no application.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Even if it is assumed that the defendant no. 2 and 12 to 26 having no title to sold the suit property, in that case also, the rights of this defendant are protected under section 41 of the Transfer of Property Act as he is bonafide purchaser for the valuable consideration without any notice. Here it is pertinent to note that, defendant has taken a specific objection in the written statement taking the plea of bonafide purchasers would be deemed to has not filed any replication controverting the …
Questions about Section 41
What have the courts held on Section 41 of the Transfer of Property Act?
Kammana Sambamurthy (d) by Lrs vs Kalipatnapu Atchutamma (08 Oct 2010) is the leading judgment on this section among those set out below: The doctrine of ostensible owner was invoked by the vendee but not accepted. The Court found that it was not even the case of the vendee that the vendor was the ostensible owner of the property; hence, Section 41 has no application.
How do I find court cases under Section 41 of the Transfer of Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 41, section 41 TP Act, section 41 of the Transfer of Property Act. People searching for it also type tampa 41. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Kammana Sambamurthy (d) by Lrs vs Kalipatnapu Atchutamma (08 Oct 2010).
When did Section 41 of the Transfer of Property Act come into force?
Section 41 of the Transfer of Property Act, cited as TP Act 41, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
- 55. Rights and liabilities of buyer and seller1096 words
- 108. Rights and liabilities of lessor and lessee1030 words
- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.