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CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES · (B) Transfer of Immoveable Property

Section 39: Transfer where third person is entitled to maintenance

The Transfer of Property Act, 1882

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.

3* * * * *

Footnotes in the official text

  1. 1.The words “with the intention of defeating such right” omitted by Act 20 of 1929, s. 11.
  2. 2.Subs. by s. 11, ibid., for “of such intention”.
  3. 3.The Illustrations omitted by Act 20 of 1929, s. 11.

Questions on this section

1 question in 5 of our papers cite Section 39.

Practise questions on Transfer of Property Act