Summary
Purchasers could not claim protection under Section 41 of the Transfer of Property Act without pleading and proving the true interested person’s consent and their own reasonable inquiry and good faith. Their vendor’s later will had been held invalid, leaving him no title to convey. The earlier will beneficiary’s decree was restored in full, and the vendor’s separate challenge to the concurrent finding on his will failed.
Issues
- Whether the purchasers established the statutory conditions for protection as transferees from an ostensible owner.
- Whether the concurrent finding that the later will was suspicious and invalid required interference.
Provisions considered
- Section 41, Transfer of Property Act, 1882Protection required express or implied consent of the person interested and proof of the purchasers’ reasonable care and good faith; neither the necessary pleading nor evidence existed. (¶¶ 12, 13, 14)
Held
- Section 41 requires express or implied consent of the person interested in the property and reasonable care by the transferee to ascertain the transferor’s authority, coupled with good faith. Those conditions require specific pleading and evidence. (¶¶ 12, 13)
- No consent by the earlier will beneficiary was pleaded or proved. The purchasers neither pleaded the facts necessary to show due inquiry and good faith nor entered the witness box. The High Court could not create an unproved Section 41 defence for them. (¶ 13)
- Once the later will was held invalid, the vendor acquired no right, title or interest under it and could convey no better title to the purchasers. Sympathy for them did not justify cutting down the earlier beneficiary’s decree. (¶ 14)
- The first appellate court and High Court had concurrently found the later will shrouded in suspicious circumstances, which its propounder failed to dispel. Those reasoned factual findings warranted no interference. (¶ 15)
- The earlier will beneficiary’s appeal was allowed, the protection granted to the purchasers was set aside and the first appellate decree was affirmed in full. The later will propounder’s appeal was dismissed. (¶ 16)
Result
Civil Appeal No.8187 of 2023 allowed, restoring the first appellate decree in full and setting aside protection of purchasers. Civil Appeal No.8188 of 2023 dismissed.