41. Transfer by ostensible owner.---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 it:
Provided that the transferee, after taking reasonable care to ascertain that the transferor had power to make the transfer, has acted in good faith.
Judicial Interpretations
2026 SCLR 7 = 2025 SCP 439Sajid Hussain vs. Additional District Judge, Vehari and others
--- S. 41 --- Family Courts Act (XXXV of 1964), S. 5 --- Transfer by ostensible owner --- Bona fide purchaser for value without notice --- Knowledge of encumbrance --- Effect --- Where a purchaser claims the protection of being a bona fide purchaser but the record reveals that part of the sale took place after the purchaser had already moved an application to be impleaded in the wife’s suit for dower, the plea of "no notice" is unsustainable --- Knowledge of the entry in Column No. 16 of the Nikahnama at the time of purchase defeats the claim of a bona fide purchaser --- The purchaser’s remedy, if any, lies against the vendor for recovery of the price, but not against the wife’s title to the dowered land.