In which of the following cases will the transferee get good title of the property transferred, if he acted in good faith?

Solution (By Examveda Team)

This question pertains to the Transfer of Property Act, specifically focusing on situations where a transferee (the person receiving the property) acquires a good title even if the transferor (the person transferring the property) doesn't have complete ownership rights.

Defining "Good Faith":
In legal terms, "good faith" implies an honest intention and absence of knowledge of any defect in the transferor's title. A transferee acting in good faith believes they are legitimately receiving the property from someone with the right to transfer it.

Analyzing the Options:
Option A: Transfer by ostensible owner of the property for consideration
An "ostensible owner" is someone who appears to be the owner, even if they are not the legal owner. The Transfer of Property Act provides that a transferee acting in good faith and for consideration (payment) will obtain good title if the property is transferred by an ostensible owner. This is because the transferee has no way of knowing the true owner.

Option B: Transfer by owner of the property in which a widow has a life interest for maintenance
A life interest grants someone the right to use and enjoy a property for their lifetime. The owner of a property subject to a life interest (in this case, a widow's life interest) can still transfer the property, but the transferee will take the property subject to the life interest. This means the transferee cannot use or possess the property until the life interest ends. The transferee still acquires a valid title, though it's subject to the widow's rights. Therefore, even if the transfer is made in good faith, the transferee doesn't obtain full and unencumbered ownership immediately.

Option C: Both A and B
This option is incorrect because, as explained above, while Option A leads to a good title for the transferee in good faith, Option B results in a title subject to the widow's life interest.

Option D: Neither A nor B
This is also incorrect. Option A correctly describes a scenario where a transferee acting in good faith acquires a good title.

Correct Answer: Option A
Only in the case of a transfer by an ostensible owner, acting in good faith and for consideration, will the transferee obtain a completely good title free of any encumbrances or limitations.