Transfer of Property Act, 1882, Section 41 -- Ostensible owner - Transfer made by an ostensible owner with consent, express or implied of the real owner is protected provided that the transferee after taking reasonable care to ascertain that the transferor had the power to make transfer had acted in good faith...........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 41, 52 -- Subsequent purchaser - Subsequent purchasers son of the mortgagee in possession and residents of same village - Inhabitants of a small village is presumed to have knowledge of an agreement to sell executed in favour of one party of the same village - Held, that subsequent vendees..........
Transfer of Property Act, 1882, Section 41 -- Purchase of property on basis of mutation entries without ascertaining or knowing who were the real owners - Purchaser cannot be said to have taken reasonable care or acted in good faith to claim protection of provision against dispossession by real owner of property...........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser without knowledge of subsequent agreement for sale - `A' filed suit for specific performance - It was alleged that on date of registration of sale deed in favour of `B' he filed an application before Sub Registrar for not registering sale but Sub Registrar returned that application to him after making his..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52, 41 -- Agreement to sell - Subsequent purchaser - During pendency of suit for specific performance - Held, sale is hit by doctrine of lis pendens...........
Transfer of Property Act, 1882, Section 41 -- Vehicle - Loan - No entry of finance made in the Registration Certificate - Financier taking forcible possession of vehicle and further re-sold - In the absence of an entry to show incumbrances on the vehicle in the registration certificate, further purchaser would be bona fide purchaser if no such incumbrance is brought to his..........
Transfer of Property Act, 1882, Section 52, 41, 43 -- Lis pendens - Transfer of property during pendency of litigation to frustrate the claim of other party without disclosing it to the vendee - Intention of the vendor may be bad, but it will not bind the bona fide purchaser unless it is proved that the vendor had the knowledge of litigation - However, mala fide act of the..........
Transfer of Property Act, 1882, Section 41 -- Title of vendor - When vendor has only partial interest in the property and disposed of property greater than what he really has - Vendee is to establish and prove that he took reasonable care and made full enquiry about the title of the property purchased - Mutation entry in the name of the vendor does not dispense with duty..........
Transfer of Property Act, 1882, Section 41 -- Vendor must have a valid title for a valid transfer of title to the vendee - A vendor cannot transfer any title/right better than the title/right he has...........
Transfer of Property Act, 1882, Section 41 -- Bonafide transferees for consideration - Oral evidence that the appellants relied upon the registered will and this will was accepted by revenue authorities - Appellants not obliged to go to the family members of the deceased to make inquiry - Held, appellants are bonafide transferees for consideration...........
