Skip to main content

Doctrine of Bonafide Purchaser

As the name suggests this topic relates to the rights and obligations of a person who entered into transaction of purchase of a property  in good faith this means that at the time of entering into an agreement the person was unaware of the objects inherent thereto. This Doctrine is governed by the transfer of Property act 1882.

Important sections :

1) Section 41 - Three conditions for invoking this provision are :

  • Person who sold the property must be an ostensible owner (a person who is not the real owner of the property)
  • By consent implied or express.
  • Buyer acted in good faith.
  • Transaction takes place for a due consideration.
2) Section 43 - Stipulates an burden upon the bonafide purchaser:
  • Finding title by estoppel : Suppose during lifetime of a father, son sold his property to X and later the father died.  Then in case X upon due-diligence new the defect earlier then X will not be protected, otherwise he will be protected.
3) Section 51 - this section says that in case a buyer purchased a property with defective title, and then he made some improvements upon the same property in good faith, then he can demand compensation from the actual owner for the improvements he has made.

4) Section 53 - In case the borrower tries to sell his property, then the creditors may file a suit seeking declaration that the sale is voidable as the same has made just to delay the payment due to them. For doing this creditor has the following two options :
  •  Can go for setting aside the sale deed, or
  • Can during the execution procedure ask for attachment of the said property.

I hope I have made myself clear regarding the topic, comment below if you have any queries.

Labels:

Comments

Post a Comment

Popular posts from this blog

MARRIAGE REGISTRATION PROCESS IN DELHI

 Hello friends today we shall talk about the procedure for registration of marriage in Delhi.   ELIGIBILITY The marriage must have been solemnized either under the Hindu Marriage Act or under the Special Marriage Act, The Groom must have attained the minimum age of 21 years. The bride must be of the age of 18 years at least.   DOCUMENTS REQUIRED Photo ID proofs of both the parties like Aadhar card / PAN card / Voter card Date of birth proofs of both parties like 10 th certificate, etc. Permanent address proof must be there . Marriage photographs and Invitation Card. Passport Size Photographs of both parties. 2 witness in case marriage registered under Hindu Marriage Act or 3 witnesses in case it is registered under the Special Marriage Act along with their respective proofs like PAN CARD/ AADHAR CARD etc. An affidavit from both parties certifying the date of their marriage and more specifically stating that the marriage has not been performed between pers...
1 comment
Read more

BENGALURU CONSUMER COURT IMPOSES PENALTY ON FLIPKART

RECENTLY BENGALURU DISTRICT CONSUMER FORUM DIRECTED ONLINE MERCHANT FLIPKART TO REFUND AN ANOUNT OF RS. 13,999/- ALONGWITH COMPENSATION OF RS. 10,000/- TO A 80-YEAR OLD FOR CAUSING MENTAL AGONY. BRIEF FACTS An 80 -Year Old Consumer ordered a treadmill on the online site of Opposite Party Flipkart. In compliance the treadmill was delivered to the consumer. At the time of installation of the product, it was revealed by the technician that the treadmill is faulty. On coming to know that the consumer returned the product to Flipkart and sought replacement. Initially Flipkart failed to replace the product but in some time, the replaced product was delivered to consumer, however, despite requests they failed to send the technician. When consumer tried to fix the same on its own, it was found that the product was of some other company. In other words, it was not the same product which has been initially ordered by the consumer. With no resolution, the consumer was left with no other option bu...
Post a Comment
Read more

KERALA HIGH COURT BARS ENTRY OF 10 YEAR GIRL FROM ENTERING SABARIMALA TEMPLE

RECENTLY KERALA HIGH COURT DISMISSED WRIT PETITION FILED UNDER ARTICLE  226 OF CONSTITUTION FILED BY FATHER ON BEHALF OF HIS 10- YEAR OLD GIRL FOR SEEKING AN ORDER TO ENTER SABARIMALA TEMPLE. THE SAME IS DISMISSED IN LIGHT OF REVIEW PENDING ON THE SAID ISSUE BEFORE THE LARGER BENCH OF THE APEX COURT. BRIEF FACTS 10 year old girl filed a writ petition before the Kerala HIgh Court seeking relief of mandamus seeking directions to Travancore Devaswom Board to allow her to offer pilgrimage to Sabarimala Temple without taking into account the restrictions of age since she has not attained puberty or in the alternative to allow the request of the minor on sympathetic grounds. It is contended by the Petitioner that they are planning to visit the temple since long and it has been delayed due to onset of Covid earlier. Now, the family is under distress and also the father of Petitioner is not in good health. Hence, they have applied the same online but since in the meanwhile the age of Petit...
Post a Comment
Read more