This paper is published in Volume-8, Issue-1, 2022
Srijita Chattopadhyay
Vakeelspot Technologies Pvt. Ltd., Bangalore, Karnataka, India
Pub. Date
21 January, 2022
Paper ID
Property Law, Transfer of Property, Defective Title, Bonafide Owner, Ownership


Srijita Chattopadhyay. Bonafide owner’s under defective titles: an insight into property law., International Journal of Advance Research, Ideas and Innovations in Technology,

Srijita Chattopadhyay (2022). Bonafide owner’s under defective titles: an insight into property law.. International Journal of Advance Research, Ideas and Innovations in Technology, 8(1)

Srijita Chattopadhyay. "Bonafide owner’s under defective titles: an insight into property law.." International Journal of Advance Research, Ideas and Innovations in Technology 8.1 (2022).


Property can be defined as Ownership coupled with possession and sufficient right or interest to claim the property. The primitive concept of property was that a property consisted of two major elements namely corpus i.e. body and animus i.e. intention to hold the property. In recent times, due to the development of subject matters that act as property even without possessing a body and people claim ownership over it, like Intellectual property the main element of a property has been reduced to that of only “Animus”. Any property cannot exist in an ambiance which means without any claim or a title or ownership. Transfer of Property Act, 1882 deals with Intervivos Trans of Immovable Property. Transfer of Property Act is not exhaustive on its own and the purpose of the act is limited. It does not even deal with all the types ofIntervivos Trans of Immovable Property i.e. Trust and Succession are dealt with in this act. Moreover, the act also has territorial restrictions. Section 5 of the Transfer of Property Act defines the transfer of property as an act by a living person is present or in the future to one or more other living people which may include a company, an association, or a body of an individual, to himself or to himself and one or more other living people. Transfer of Property has 137 sections divided into 8 parts. Sections 1 to 5 deal with general sections, Sections 6 to 53A deal with general concepts within which Sections 6 to 32 deal with general concepts of both movable and immovable property and Sections 38 to 53A deals which concepts that talk specifically about the immovable property, Sections 54 to 57 talks about the sale of immovable property, Sections 58 to 104 specifically deal with mortgage, Sections 105 to 117 are concerned about the lease, Sections 118 to 121 are about Exchange, Sections 122 to 129 deals with gift and Sections 130 to 137 talks about additional claims in regards to immovable property. The present article deals with Bonafide owners under detective titles which is restricted strictly to that of transfer of immovable property and the rights, compensation, and other protection guaranteed under the Transfer of Property Act along with a few exceptions which are provided under this act in part under Chapter II part B(Of transfer by an act of parties- transfer of immovable property). This article aims at highlighting the rights that are guaranteed implicitly under the Transfer of Property Act to purchasers or owners who believe that they have a bonafide claim of ownership over the property, but the ownership so granted by the initial owner or the person transferring the owner is false and therefore, the transferee does not have a valid claim over the property even though he believes that he had entered into a valid or good transaction with the transferee. The defective title so granted to the transferee is due to the false proclamation, misunderstanding, or due to certain other acts of the transferor. These rights are so given to the bonafide owner under defective title also comes coupled up with duties and exceptions and the article intends on explaining the same with reference to certain case laws.