Section 40 of Transfer of Property Act - Burden of obligation imposing restriction on use of land

Section 40 Transfer of Property Act Description

Where, with the consent, express or implied, of the persons interested in immovable property a person is the ostensible owner of such property and transfers the same for consideration, the transfer shall not be voidable on the ground that the transferor was not authorised to make ; provided that the transferee after taking reasonable care to ascertain that the transferor, had power to make the transfer, has acted in good faith.

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