Duni Chand vs Vikram Singh 2024 INSC 516 – S 41 TP Act

Transfer Of Property Act, 1882; Section 41 – A plain reading of the above provision clearly requires the consent, be it express or implied, of the persons interested in the immovable property -Further the proviso to section 41 of the TP Act requires that the transferees to take reasonable care in ascertaining that the transferor had power to make the transfer and that they had acted in good faith. This again would require specific pleading and evidence by the transferees. (Para 12-13)

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