Section 39: Transfer Where Third Person is Entitled to Maintenance – The Transfer of Property Act, 1882

Section 39: Transfer Where Third Person is Entitled to Maintenance – The Transfer of Property Act, 1882

Section 39: Transfer Where Third Person is Entitled to Maintenance. – Where a third person has a right to receive maintenance, or a provision for advancement or marriage, from the profits of immoveable property, and such property is transferred ¹*** the right may be enforced against the transferee, if he has notice ²[thereof] or if the transfer is gratuitous; but not against a transferee for consideration and without notice of the right, nor against such property in his hands.

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Reference:

1. The words “with the intention of defeating such right” omitted by Act 20 of 1929, s. 11.

2. Subs. by s. 11, ibid., for “of such intention”.