Section 41 Sale Of Immovable Property By An Ostensible Owner

1419 WordsJan 29, 20156 Pages
Section 41-Sale of immovable property by an ostensible owner General rules There are some very general rules of ‘transfer’ of property. i.) Nemo plus juris ad alium transferee potest quam ipsa habet (no man can transfer a right or title greater than what he himself has).Where a thief sold a property then the same purchaser doesn’t hold the right over the land because from whom they have purchased the land doesn’t himself holds title to the property. ii.) Non dat qui non habet (no one can give who does not possess). But one of the exceptions to these general rules of transfer of property is when with the consent of the real owner , a person transfers the property in the name of other where the purchaser has reasonably ascertained the validity of the title of the land and has purchased it in good faith. This ground of exception was found in in Ram Coomar v. Mc Queen ,in the following words : ‘It is a principle of natural equity which must be universally applicable, that where one man allows another to hold himself out as the owner of an estate and a third person purchases it, for value, from the apparent owner in the belief that he is the real owner, the man who so allows the other to hold himself out shall not be permitted to recover upon a secret title, unless he can overthrow that of the purchaser by showing, either that he had direct notice or something which amounts to constructive notice, of the real title; or that there existed circumstances which ought to

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