Exchange and sale are different.

Exchange involves transfer of ownership of, say, property in

exchange for ownership another, say, property. There is no monetary consideration as such.
Whereas, in sale ownership is exchanged for monetary consideration.Property Law

Question. Concept Difference between movable and immovable property. Kinds of propert

Answer.
DISTINCTION BETWEEN MOVABLE AND IMMOVABLE PROPERTY

Movable Property

Transfer of property does not define movable property. In General Clauses Act, it is defined
as “Property of every description except immovable property”. Eg: car jewely balh blah

DEFINITION OF IMMOVABLE PROPERTY

Immovable property is a species of property. Whenever we speak about immovable property, we
always use the ready reference of ‘attached to the earth’. Whether a thing is permanently attached
to the earth, whether it is capable of separation or not and what is the intention behind the
construction or promoted growth of the property are a few of the points that need to be looked into

Below are the diff:

MOVABLE PROPERTY IMMOVABLE PROPERTY

It can be transferred from one place to It cannot be transferred without causing extensive damage to the
another. property. The damage relates to the nature of the
property
Registration is optional as per the Indian Registration is compulsory under the Indian Registration Act, 1908 if
Registration Act, 1908. the value of the property is more than Rs. 100.
The Sales and Central Sales taxes are The property needs to be registered at the Sub-Registrar’s office.
applied,
The appropriate stamp duty and the registration fee have to be paid.

DEFINITION Movable property

‘Movable property’ includes standing timber, growing crops and grass, fruit upon and
juice in trees, and property of every other description, except immovable property.”

Section 22 of IPC defines property as:

The words “movable property” is intended to include corporeal property of every
description, except land and things attached to the earth or permanently fastened to
anything, which is attached to the earth.

Things attached to the land may become movable property by severance from the
earth.for example Cart–loaded of earth, or stones quarried and carried away from
the land become movable property.

Immovable property
The Term “Immovable Property” occurs in various Central Acts. However none of
those Acts conclusively define this term. The most important act which deals with
immovable property is the Transfer of Property Act (T.P.Act). Even in the T.P.Act this
term is defined in exclusive terminology.
i. According to Section 3 of that Act, “Immovable Property” does not include standing
timber, growing crops or grass. Thus, the term is defined in the Act by excluding
certain things. “Buildings” constitute immovable property and machinery, if
embedded in the building for the beneficial use thereof, must be deemed to be a part
of the building and the land on which the building is situated.

Any rights in or with respect to any land or any building or part of building (whether or not
including any machinery, plant, furniture, fittings or other things therein) which has been
constructed or which is to be constructed, accruing or arising from any transaction (whether
by way of becoming a member of, or acquiring shares in, a co-operative society, or other
association of persons or by way of any agreement or any arrangement of whatever nature,
not being a transaction by way of sale, exchange or lease of such land, building or part of a
building.

Tangible and Intangible property:

Tangible property
Tangible property refers to any type of property that can generally be moved (i.e., it is not
attached to real property or land), touched or felt. These generally include items such as
furniture, clothing, jewellery, art, writings, or household goods.
Intangible property
Intangible property refers to personal property that cannot actually be moved, touched or
felt, but instead represents something of value such as negotiable instruments, securities,
service (economics), and intangible assets including chose in action

Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the
mind for which property rights are recognized—and the corresponding fields of law.
Property does not just comprise of tangible things like houses, cars, furniture, currency,
investments etc and such assets are not the only kind that can be protected by law. There
are many other forms of intangible property known as intellectual property that have been
recognized under the law and granted protection against infringement

Under intellectual property law, owners are granted certain exclusive rights to a variety of
intangible assets, such as musical, literary, and artistic works; discoveries and inventions;
 and words, phrases, symbols, and designs. Patents, trademarks and copyrights, designs are
the four main categories of intellectual property.
Question 2.

Answer. There are different types of Lease depending upon the duration. Perpetual Lease, Tenancy
at will, Tenancy by sufferance, Tenancy by holding over, periodical Lease and Lease for fixed term.

English Law does not recognize the Perpetual Lease, but Indian Laws have given legal validity as per
Section 105 of the Transfer of the Property Act, according to which lease may be for a certain time
or in perpetuity. Tenancy at will is lease, which is terminable at with at pleasure of both the
parties. If a person is lawfully in occupation of a property, he is not a tress passer and does not
become a tenant holding over and such tenancy is by sufferance. There is a fine distinction between
tenancy by sufferance and tenancy by holding over. A tenant who continuous to be in possession of
the property after determination of lease without consent of Landlord is tenancy by sufferance. In
contrast, if it is with the consent of the Landlord it is a tenancy holding over. Section 116 of the
Transferof Property deals with tenancy by holding over. The determination of the lease
means termination of the lease period. The Landlord, after such termination may consent for
continuance of the lease by accepting the rents though without any agreement. Periodical lease is
for certain period which is determinable by due notice. The lease for fixed period is granted for
certain period which may be long or short.

The transfer of Property Act has prescribed the mode of computing lease period. The Section 110 is
the relevant section. When the lease is limited by time and said to commence from a particular day.
Such particular day should be excluded while calculating the lease period. But this rule do not have
application in month to month tenancy and there is no need to omit the first day of the month while
calculating the lease.

If the lease is mentioned year or years and if the agreement does not contain any condition of
commencement of lease, the lease will run during the full anniversary of the day from which such
time commences. If the agreement does not mention the date of commencement, the lease starts
from the date of execution. In general, the day of the commencement has to be excluded, while its
anniversary is to be included in calculating the lease period.

The Transfer of Property Act provides the procedure for determining the lease period; if the
agreement does not specifically contain any such condition. The lease for agricultural or
manufacturing purpose is year to year. This can be termination by six months notice by either
of parties.The lease for any other purpose is month to month terminable by fifteen days notice by
either of the parties. The period mentioned in the notice commences from the date of the receipt of
the notice.The notice should be in writing and signed by the Lessor or lessee or his representative.
The notice may be sent by post (Registered post for purpose of records) or may be delivered
personally to the other party or his family, servants against acknowledgement. In case the delivery
by post or in person is not possible, the notice may be affixed to conspicuous part of the
property. The notice of fifteen days stipulated should end by the end of the tenancy month.

Any lease of immovable property for any term exceeding one year has to be made only by a
registered deed and lease less than one year my made by a registered instrument on unregistered or
oral agreement followed by delivery of possession. However in all cases, the agreements attract
stamp duty, which varies from state to state and also depending upon the lease period and
amount. In simple words, payment of stamp duty is must and registration of instrument is optional
in case of tenancy of less than one year and is a must if it is more than one year.
sQuestion. Essentials of lease and different kinds of leases.
Essential Elements
The essential elements of a lease are as follows:
A. Parties- The parties to a lease are the lessor and the lessee. The lessor is also called the
landlord and the lessee the tenant.
B. Subject matter of lease- The subject matter of lease must be immovable property. The word
"immovable property" may not be only house, land but also benefits to arise out of land, right
to collect fruit of a garden, right to extract coal or minerals, hats, rights of ferries, fisheries or
market dues. The contract for right for grazing is not lease. A mining lease is lease and not a
sale of minerals.
C. Duration of lease- The right to enjoy the property must be transferred for a certain time,
express or implied or in perpetuity. The lease should commence either in the present or on
some date in future or on the happening of some contingency, which is bound to happen.
Though the lease can commence from a past day, but that is for the purpose of computation
of lease period, as the interest of the lessee begins from the date of execution. No interest
passes to the lessee before execution. In India, the lease may be in perpetuity.
D. Consideration- The consideration for lease is either premium or rent, which is the price paid or
promised in consideration of the demise. The premium is the consideration paid of being let in
possession, such as Salami, even if it is to be paid in installments.
E. Sub-lease- A lessee can transfer the whole or any part of his interest in the property by sub-
lease. However, this right is subject to the contract to the contrary and he can be restrained
by the contract from transferring his lease by sub-letting. The lessee can create sub-leases
for different parts of the demised premises. The sub-lessee gets the rights, subject to the
covenants, terms and conditions in the lease deed.

Rights od duties of lawyer10, lease andgift10, diff sale and exchange 10,rights an duties of
seller10, licesnce 10revocation of gift 10extinction of easement5, concept of lis pendar5 10
rnd and of buyer 10 gifts5 llease and kinds10, propert kinds of propert diff between movable
and immovable10 restratin on alienation, 10 and universal donne 5

Question kinds of easement. Characterisiict . incidents

WHAT IS AN EASEMENT?
An easement fulfills the needs of one property at the expense of another. Because an easement is an
actual interest in land, the statute of frauds applies and an express grant of easement must be in
writing, usually in the form of a separate deed or a reservation in a deed. Thus, an easement is an
interest in land rather than a mere contractual agreement. Easements are also created by necessity
(as in landlocked situations), by implication, or by prescription. Because the easement is both a
benefit to the holder and a burden to the servient property owner, it significantly affects the value of
the respective properties and the extent of the easement should be clearly understood. Most
easements originate by express grant, so the drafter should clearly express the rights and duties
associated with the easement. An easement can be an affirmative easement, such as a right-of-way
to cross the property, or a negative easement, such as a restriction on fence height. It can also be
created for different periods of time–for a term of months, years or for life.

Easements are classified as either appurtenant or in gross. An easement appurtenant is a right in

another’s land (servient estate) that benefits and attaches to the owner’s land (dominant estate). An
easement in gross is personal in nature and does not pass with the land because it does not benefit
or attach to a dominant estate.

The essential features of an easement, in the strict sense of the term, are therefore these:
(a) a right to the use and enjoyment of land not to the land itself;
(b) it is imposed upon corporeal property;
(c) it requires for its constitution two distinct tenements the “dominant tenement” which
enjoys the right, and the “servient tenement” which submits to it.

Types of Easement
There are several types of easement, each of which grants the holder specific use of the
property. The type of easement depends on the type of property involved, the relationship of
the parties, and the specific use for which the easement is granted.

Utility Easement
A utility easement is perhaps the most common type and it involves giving easement rights to
a utility company or the local municipality (city, county, or state) in general. These easements
are typically described in the property deed and include a map defining the area to which the
utility or municipality is entitled. In the case of a utility easement, the property owner can use
the property however they choose, as long as they do not interfere with the utility company or
municipality’s use.

Private Easement
Private easements occur when a property owner sells an easement to an individual. This may
be for a number of reasons, including giving a neighbor driveway access, or sharing a sewer
line or well with a neighbor. Before granting a private easement, or purchasing a property
that has this type of easement, it is vital that the property owner or potential buyer review the
documents carefully, as a private easement often limits what the property owner can do on or
around the defined area. For example, a property owner who has granted a solar access
easement to his neighbor may not be allowed to plant trees or construct buildings, either of
which would block sunlight, next to the easement

Easement by Necessity
Situations often arise when one property owner must cross another’s land for a crucial
purpose, such as accessing their land and home. A landowner cannot be denied access to his
home or property, and this is generally taken into account in the deeds when the land is
originally divided. Although necessity creates a right to an easement, it is imperative to
ensure the exact location of an easement by necessity is recorded on the deed.

Prescriptive Easement
A prescriptive easement occurs when someone acquires easement over another’s land for a
specific purpose. This differs from easement by necessity as the person acquiring the
easement only uses the property for a set amount of time. Each state has specific statues that
determine the length of time a person can use a prescriptive easement, and whether the person
holding the easement is required to pay a portion of the property taxes on the land being used.
A landowner may simply grant permission for the other individual to use the property on a
limited basis, but if access is denied, the individual must file a claim of easement by
prescription, allowing the court to make a ruling.
Public Easement
A public easement grants a certain defined area of land for public use. An example would be
the granting of public access of a portion of the landowner’s property for a park or touring.
Question. Easement

Answer. The term ‘easement’ comes from the Old Latin word ‘ aisementum ’ meaning
“comfort, convenience or privilege” and it developed into “a legal right or privilege of
using something not one's own" from the early 15c. In simple terms, it refers to the right
which a man sometimes has over one piece of land by reason of his ownership of another.

Easement and License

An easement fulfills the needs of one property at the expense of another. Because an
easement is an actual interest in land, the statute of frauds applies and an express grant of
easement must be in writing, usually in the form of a separate deed or a reservation in a deed.
Thus, an easement is an interest in land rather than a mere contractual agreement. Easements
are also created by necessity (as in landlocked situations), by implication, or by prescription.

A licence is a personal right granted to a person to do something upon immovable property of

the grantor and does not amount to the creation of interest in the property itself.[i] It is purely
a permissive right and is personal to the grantee. It creates no duties and obligations upon the
persons making the grant.

The major points of difference between an easement and a licence are the following:

1. An easement is a right appertaining to property while a license is only a personal right.

2. An easement is a right in rem and is enforceable by all and against all into whose hands the
servient and the dominant tenements respectively may come, while a license is only a right in
personam and therefore, not so enforceable.
3. An easement can be assigned with the property to which it is annexed, but a license cannot be
assigned at all except where it is a license to attend a place of public entertainment.
4. A right of easement is not revocable at the will of the grantor while a license is so revocable,
except where the grantor is stopped by his conduct from exercising the power of revocation
conferred by law.
5. An easement may be positive or negative in character, a license is invariably positive and
cannot be negative in character. It may be that there are cases in which a negative obligation
might be cast on the licensor with the object of protecting a licence coupled with a grant but
such obligation is due to the grant accompanying the licence and not to the licence per se.

RIGHTS AND DUTIES OF SELLER AND BUYER (SECTION 55)

Sellers Duties and Rights

1. Sellers duties before sale—

(a) the seller is bound to disclose to the buyer any material defect in the property or title, of which
seller is, and buyer is not aware, and which buyer could not with ordinary case discover. [Section
55(1)(a)]
(b) The seller is bound to the buyer on his request for examination of all documents of title relating
to the property which are in the seller’s possession or power. [Section 55(1) (b)]

(c) the seller is bound to answer to the best of his information all relevant question put it him by him
by the buyer in respect to the property or the title there. [Section 55(1) (2)]

(d) The seller’s next duty is to execute the conveyance. He is bound on payment or tender of the
amount due in respect of the price, to execute a proper conveyance of the property when the buyer
tenders it to him for execution at proper time of place. [Section 55 (1) (d)]

(e) Seller is bound to take case of the property and documents of title. Between the date of contract
of sale and the delivery of the property, he is bound to take as much case of the property and all
documents of title relating thereto which are in his possession as an owner of ordinary prudence
would take of such property and documents. [Section 55(1) (c)]

(f) It is the seller’s duty before the completion of sale to pay all the outgoings. Before completing of
sale, the seller continues to the owner of the property, thus the Government dues, etc., are to be
paid by him. [Section 55(1)(g)]

2. Seller duty after sale—

(a) After completion of the sale, it is the seller’s duty to gave possession to the buyer. The
seller is bound to give, on being so required, the buyer or such person as he directs, such
possession of the property as its nature admits. [Section 55(1)(f)1
(b) It is the seller duty to covenant for title. Section 55(2) of the Act provides that—

"The seller’s be deemed to contract with the buyer that the interest which the seller professes to
transfer to the buyer subsist and that he has power to transfer the same. (This is also known as
implied covenant for title): Provided that, where the sale is made by a person in a fiduciary
character, he shall be deemed to contract with the buyer that the seller has done no act whereby
the property is encumbered or whereby he is hindered from transferring it.

The benefit of the contract mentioned in this rule shall be annexed to, and shall go with, the interest
of the transferee as such, and may be enforced by every person in whom that interest is for the
whole or any part thereof from time to time vested.”

(c) It is the seller duty to deliver title-deeds on receipt of the price. Section 55(3) of the Act provides
that, where the whole of the purchase-money has been paid to the seller, he is also bound to deliver
to the buyer all documents of title relating to the property which is in the seller’s possession or
power. However, he proviso to Section 55(3) lays down that:
  Where the seller retains that part of the property with him, which of greatest value and,
such property is included in the documents, the seller is entitled to retain all the documents
with him.
 Where the whole of such property is sold to several buyers the persons who purchase the
largest part of the property would be entitled to retain all the documents.

3. Seller’s Right before Sale—Section 55(4)(a) provides that ‘the seller is entitled to the rents
and profits of the property till the ownership thereof passes to the buyer’. ‘Thus, before
completion of the sale, the seller is entitled to all the rents, profits or another benefit.
interests of the property’.
4. Seller’s Right after Sale—If after completion of sale, the price or any part of it remain
unpaid, the seller acquires a lien or charge on property. Accordingly to Section 55(4)(b) if
price remains unpaid, the seller cannot refuse delivery of possession for can claim back the
possession if already given to buyer, but he (seller) is given a right to recover unpaid
purchase money from and out of the property.

Buyer’s Duties and Rights

1. Buyers duties before sale—

(a) Before completion of sale, it is the duty of the buyer to disclose, facts which materially
increases the value of property, Section 55(5)(a) of the Act provides that, "the buyer is
bound to disclose to the seller any fact as to the nature or extent of the seller’s interest in
the property of which the buyer is aware, but of which he has reason to believe that the
seller is not aware, and which materially increases the value of such interest.
(b) The buyer is bound to pay or tender the purchase money to seller [Section 55(5)(b)].

2. Buyer’s Duties after Sale-

(a) where the ownership of the property has passed to the buyer, the buyer is bound to bear
any loss arising from the destruction, injury or decrease in value of the property not caused
by the seller. [Sec[Section 55(5) (c)]i>
(b) According to Section 55(5) (d) after the completion of sale, the buyer is liable to pay the
outgoings, e.g., Government dues, rents, revenue or taxes, as the buyer becomes the owner
of the property.

3. Buyer’s Right before Sale—

Section 55(6)(a) of Act provides that the buyer is entitled to (unless he has improperly declined to
accept delivery of property):

 A charge on the property for the purchase money properly paid by him in anticipation not
the delivery.
 (ii) Interest on such purchase money.
 The earnest, and cost awarded to him in a suit to compel specific performance of the
contract or to obtain a decree for its recession in case he properly declines to accept
delivery.
4. Buyer’s Right after sale—After sale, the buyer is entitled to the benefits of any
improvement in, or increase in value of, the property, and to the rents and profits thereof,
[Sec[Section 55(6)(a)]i>
q. Sale – buyers liability

Sale is a transfer of ownership in exchange for a price paid or promised or part paid and part
promised. The transfer by way of sale of tangible immovable property of the value of rupee one
hundred and above can be made by a registered instrument. The transfer by way of sale of tangible
immovable property of the value of less than one hundred rupees may be made either by a registered
instrument or by delivery of the property.

The rights and duties of buyer are subject to the contract. In the absence of any contract to the
contrary, the rights and duties of seller and buyer are governed by section 55, Transfer of Property
Act. The rights and duties of buyer under the provisions of section 55 of Transfer of Property Act are
as under:

Duties of Buyer before Sale:

Buyers duties before sale—

(a) Before completion of sale, it is the duty of the buyer to disclose, facts which materially increases
the value of property, Section 55(5)(a) of the Act provides that, "the buyer is bound to disclose to
the seller any fact as to the nature or extent of the seller’s interest in the property of which the
buyer is aware, but of which he has reason to believe that the seller is not aware, and which
materially increases the value of such interest.

(b) The buyer is bound to pay or tender the purchase money to seller [Section 55(5)(b)].

Duties of the Buyer in a Contract of Sale

The following are the duties of a buyer in a contract of sale.

Contract of Sale – Duties of a Buyer

1. It is the duty of the buyer to accept the goods and pay for them in accordance with the terms of
the contract.

2. It is the duty of the buyer to apply for delivery.

3. It is the duty of the buyer to demand delivery of the goods within a reasonable time.

4. If the contract specifically provides for the delivery of the goods by the seller by installments, the
buyer shall accept such a delivery.

5. It is the duty of the buyer to take the risk of deterioration in the goods which is necessarily
incident to the course of transit. Example: Rusting of iron.

6. If the buyer refuses to accept the goods, it is his duty to inform the seller about it.

7. If the seller delivers the goods as per the contract, it becomes the duty of the buyer to take
delivery of the same within a reasonable time. He remains liable to the seller for any loss arising on
account of his refusal to take delivery.

8. If the ownership rights have already been passed on to the buyer by the seller, the former has the
duty to pay the price as per the terms of the contract.

9. If the buyer wrongfully refuses to accept and pay for the goods, he will have to compensate the
seller for damages for non-acceptance.
q. rights and duties of landlord provisions in evry answer

Rights and Duties of Landlords

The law imposes a number of duties on the landlord and gives the tenant a number of corresponding
rights. These include (1) possession, (2) habitable condition, and (3) noninterference with use.

Possession

The landlord must give the tenant the right of possession of the property. This duty is breached if, at
the time the tenant is entitled to take possession, a third party has paramount title to the property
and the assertion of this title would deprive the tenant of the use contemplated by the parties.
Paramount title means any legal interest in the premises that is not terminable at the will of the
landlord or at the time the tenant is entitled to take possession.

If the tenant has already taken possession and then discovers the paramount title, or if the
paramount title only then comes into existence, the landlord is not automatically in breach.
However, if the tenant thereafter is evicted from the premises and thus deprived of the property,
then the landlord is in breach. Suppose the landlord rents a house to a doctor for ten years, knowing
that the doctor intends to open a medical office in part of the home and knowing also that the lot is
restricted to residential uses only. The doctor moves in. The landlord is not yet in default. The
landlord will be in default if a neighbor obtains an injunction against maintaining the office. But if the
landlord did not know (and could not reasonably have known) that the doctor intended to use his
home for an office, then the landlord would not be in default under the lease, since the property
could have been put to normal—that is, residential—use without jeopardizing the tenant’s right to
possession.

Warranty of Habitability

As applied to leases, the old common-law doctrine of caveat emptor said that once the tenant has
signed the lease, she must take the premises as she finds them. Since she could inspect them before
signing the lease, she should not complain later. Moreover, if hidden defects come to light, they
ought to be easy enough for the tenant herself to fix. Today this rule no longer applies, at least to
residential rentals. Unless the parties specifically agree otherwise, the landlord is in breach of his
lease if the conditions are unsuitable for residential use when the tenant is due to move in. The
landlord is held to an implied warranty of habitability.

The change in the rule is due in part to the conditions of the modern urban setting: tenants have
little or no power to walk away from an available apartment in areas where housing is scarce. It is
also due to modem construction and technology: few tenants are capable of fixing most types of
defects. A US court of appeals has said the following:

Today’s urban tenants, the vast majority of whom live in multiple dwelling houses, are interested
not in the land, but solely in “a house suitable for occupation.” Furthermore, today’s city dweller
usually has a single, specialized skill unrelated to maintenance work; he is unable to make repairs
like the “jack-of-all-trades” farmer who was the common law’s model of the lessee. Further, unlike
his agrarian predecessor who often remained on one piece of land for his entire life, urban tenants
today are more mobile than ever before. A tenant’s tenure in a specific apartment will often not be
sufficient to justify efforts at repairs. In addition, the increasing complexity of today’s dwellings
renders them much more difficult to repair than the structures of earlier times. In a multiple
dwelling, repairs may require access to equipment and areas in control of the landlord. Low and
middle income tenants, even if they were interested in making repairs, would be unable to obtain
financing for major repairs since they have no long-term interest in the property.Javins v. First
National Realty Corp.

At common law, the landlord was not responsible if the premises became unsuitable once the
tenant moved in. This rule was often harshly applied, even for unsuitable conditions caused by a
sudden act of God, such as a tornado. Even if the premises collapsed, the tenant would be liable to
pay the rent for the duration of the lease. Today, however, many states have statutorily abolished
the tenant’s obligation to pay the rent if a non-man-made force renders the premises unsuitable.
Moreover, most states today impose on the landlord, after the tenant has moved in, the
responsibility for maintaining the premises in a safe, livable condition, consistent with the safety,
health, and housing codes of the jurisdiction.

These rules apply only in the absence of an express agreement between the parties. The landlord
and tenant may allocate in the lease the responsibility for repairs and maintenance. But it is unlikely
that any court would enforce a lease provision waiving the landlord’s implied warranty of
habitability for residential apartments, especially in areas where housing is relatively scarce.

Noninterference with Use

In addition to maintaining the premises in a physically suitable manner, the landlord has an
obligation to the tenant not to interfere with a permissible use of the premises. Suppose Simone
moves into a building with several apartments. One of the other tenants consistently plays music
late in the evening, causing Simone to lose sleep. She complains to the landlord, who has a provision
in the lease permitting him to terminate the lease of any tenant who persists in disturbing other
tenants. If the landlord does nothing after Simone has notified him of the disturbance, he will be in
breach. This right to be free of interference with permissible uses is sometimes said to arise from the
landlord’s implied covenant of quiet enjoyment.

Q. Ostensible owner
1. Introduction
In respect of transfer of property, one settled principle is that a person cannot transfer to another person a
right or title, which is greater than what he himself possesses. Therefore, a person cannot give what he does
not have. However, Transfer of Property Act has provided an exception to this settled principle through
concept of ostensible owner.

2. Relevant Provisions
Section 41 of Transfer of Property act 1882 relates to ostensible owner.

3. Meaning of Ostensible Owner

Ostensible ownership means apparent ownership which is derived from conduct or words.

4. Definition of Ostensible Owner

An ostensible owner is one who has all the indicia of ownership without being the real owner.
Essentials of section 41

(i) Ostensible Owner

The transfer must be made by ostensible owner.

(ii) Immoveable Property

The property must be immoveable.

(iii) Consent
The transferor must be ostensible owner with the consent express or implied, of the person
interested in the property. The section will not apply unless the ostensible ownership of a person is
consented to by the persons interested in the property.

(iii-a) Person interested

A transfer by an ostensible owner is binding only on the person interested in the property with
whose consent the transfer has been made.

(iv) Transfer for Consideration

The transfer by ostensible owner must be made for some consideration.

(v) Cannot be avoided by Real Owner

Once the transfer is made by the real owner it cannot be avoided by the real owner.

(vi) Reasonable Care

The transfer must have taken reasonable to ascertain that the transferor had power to make
transfer.

(vii) Transfer must not be Voidable

The transfer of property by the ostensible owner must not be voidable. But in must be valid one.

5. Transfer of Property By Ostensible Owner

(i) Authentic Transfer of Property
When persons, who have interest in immoveable property, give their express or implied consent
to some person to transfer this property to another person for some consideration, such transfer
of property is not voidable on this ground that transferor was not authorized to make such
transfer.

(ii) Transferor
For transfer of property by ostensible owner, it is essential that transferor should be ostensible
owner.

(iii) Express or Implied consent of real owner

It is necessary for such transfer that a person should be ostensible owner through express or
implied consent of real owner.

(iv) Consideration
For such transfer, it is essential that ostensible owner should transfer immoveable property to
another person for some consideration.

(v) Act In Good Faith

It is also necessary for such transfer that transferee should act in good faith by taking reasonable
care to ascertain that transferor has power to transfer immoveable property.

Conclusion
 To conclude, I can say that section 41 affords protection to bona fide purchasers from ostensible
owner, provided its condition is fully satisfied. The rule of ostensible owner is limited to voluntary
transfer and does not extend to court sales.

q. lease and sale diff