WHAT IS OSTENSIBLE OWNER?

Section 41 of Transfer of Property Act defines ostensible owner.

Ostensible owner is a person who has all the indications of ownership and looks like owner of property but is not the real owner.

In simple words,
A person may have possession and enjoyment of the property and may also have his name entered in the official records but even then he may not be the real owner of that property.

Such situation may arise in case if a person purchases a property in the name of another person then it is called Benami transaction and the person in whose name the property is purchased is called as Benamidar.
So a Benamidar is an ostensible owner.

This section is applicable only where the transferor is an ostensible owner. But it is difficult to ascertain whether a person is ostensible owner or real owner because he has all the features of real owner except the intention to own the property. So it is for the court to establish whether the transferor was an ostensible owner or not.

Related Case-
Jay Dayal Poddar vs Biwi Hazara AIR 1974

Supreme Court held that the person is ostensible owner or not is a subjective question to be decided on the basis of facts and circumstances.

The burden of proof that a transaction is benami lies on the person who claims that he is the real owner.

 

Read other law notes or bare acts.

Read TPA (Transfer of Property Act) in a systematic way with section box to save time and quickly go to a section or Download beautiful, colourful, rich PDF for TPA.


Thank You for being here. WritingLaw.com is clean, simple and ad-free. It is a new website and can remain online and ad-free only by your help. Also, this website is not by any group or company but only me. You can read more about it here.
Why I need your help?

Please contribute any tiny amount that you can to help me keep this website alive, clean, beautiful and ad-free.

Contribute by UPI (BHIM, PhonePe, Paytm UPI, GooglePay etc.)
UPI ID- wlaw@upi

After you contribute, your name, full phone number, email or any other detail is NOT made visible EVEN TO ME (website owner/admin) by Paytm. Please do not worry. It is same as paying at any online website or offline shop.

Contribute by Paytm wallet or Paytm Payments Bank or if you are on computer just scan the QR code →

Contribute by Paypal

Contribute using Debit / Credit Card / Ola Money / Net Banking etc.

Leave a Reply

Your email address will not be published. Required fields are marked *