What Are The Rights Of A Bonafide Purchaser Of Land?
What are the rights of a bonafide purchaser of land?
Free Legal Advice - civil law
Posted by: Jaydev Prasad
Posted on: 2018-08-27
These Rights are not provided separately, anywhere in any legislation, but the act of the legislator, in few sections of TP Act has provided about the Rights of the Bona fide purchaser under defective Title. Right Of Bona fide purchaser against the sale by ostensible owner - This right is dealt by Section 41 of Transfer of Property Act, 1882, which says that Where, with the consent, express or implied, of the persons interested in immovable property, a person is the ostensible owner of such property and transfers the same for consideration, the transfer shall not be voidable on the ground that the transferor was not authorized 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.
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