LawgistThe Transfer of Property Act
39Transfer 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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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".
3. The Illustrations omitted by Act 20 of 1929, s. 11.
(B) Transfer of immoveable property
- 38 Transfer by person authori sed only under certain circumstances to transfer
- 39 Transfer where third person is entitled to maintenance
- 40 Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement
- 41 Transfer by ostensible owner
- 42 Transfer by person having authority to revoke former transfer
- 43 Transfer by unauthorised person who subsequently acquires interest in property transferred
- 44 Transfer by one co-owner
- 45 Joint transfer for consideration
- 46 Transfer for consideration by persons having distinct interests
- 47 Transfer by co-owners of share in common property
- 48 Priority of rights created by transfer
- 49 Transferee's right under policy
- 50 Rent bona fide paid to holder under defective title
- 51 Improvements made by bona fide holders under defective titles
- 52 Transfer of property pending suit relating thereto
- 53 Fraudulent transfer
- 53A Part performance
