Question
'A' a Hindu husband purchased land in the name of his wife 'B'. The property was entered in the name of wife in the revenue
'A' a Hindu husband purchased land in the name of his wife 'B'. The property was entered in the name of wife in the revenue records. After the death of husband, wife mortgaged the land to 'C' who took the mortgage after due inquiries believing in good faith that 'B' was the owner of property. 'C' obtained a decree for sale on the mortgage and purchased the land.'D' was having the possession of property as he had purchased the land in execution of money decree against 'A'. 'C' filed suit against 'D' for possession. Decide the claim of 'C' with the help of relevant provisions and case laws. Also explain status of 'B' whether she is entitled to transfer the property in such a case where she was ostensible owner of property. Under what circumstances a transfer of immovable property by an ostensible owner is binding on the real owner? What are the changes brought about by the Benami Transaction (Prohibition) Amendment Act, 2016?
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