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Section 39: Transfer where third person is entitled to maintenance.

The Transfer of Property Act, 1882Central Act · Act 4 of 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 *** the right may be enforced against the transferee, if he has notice [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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Where this provision sits

ActThe Transfer of Property Act, 1882
Section39
Marginal noteTransfer where third person is entitled to maintenance.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it2

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • omitted, Act 20 of 1929. . The words "with the intention of defeating such right" omitted by Act 20 of 1929, s. 11.
  • substituted. . Subs. by s. 11, ibid., for "of such intention".
  • omitted, Act 20 of 1929. . The Illustrations omitted by Act 20 of 1929, s. 11.

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