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Section 39 – Transfer of Property Act 1882

Transfer of Property Act 1882

 

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.

3[* * *]

 

———————–

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

 

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

 

3. The illustration omitted by Act 20 of 1929, sec. 11.

 

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Transfer of Property Act 1882

 

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