Mera Samvidhaan All of Transfer of Property Act, 1882

Chapter II · Of Transfers of Property by Act of Parties

39Transfer where third person is entitled to maintenance.

Section 39 · Chapter II · (B) Transfer of Immovable property · pages 16–17 of the Act

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.

1* * * * *

Page 16

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

2 Subs. by Act 20 of 1929, s. 11, for “of such intention”.

Page 17

1 The Illustrations omitted by Act 20 of 1929, s. 11.

Other provisions that mention Section 39

Section 39 of The Transfer of Property Act, 1882 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.