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Section 38 - Transfer by person authorised only under certain circumstances to transfer : Transfer of Property Act, 1882

 

 

What is the meaning of Transfer by person authorised only under certain circumstances to transfer? Section 38 of Transfer of Property Act, 1882

Section 38 of Transfer of Property Act 1882 : "Transfer by person authorised only under certain circumstances to transfer"

38. Where any person, authorised only under circumstances in their nature variable to dispose of immovable property, transfers such property for consideration, alleging the existence of such circumstances, they shall, as between the transferee on the one part and the transferor and other persons (if any) affected by the transfer on the other part, be deemed to have existed, if the transferee, after using reasonable care to ascertain the existence of such circumstances, has acted in good faith.

 

Illustration
A, a Hindu widow, whose husband has left collateral heirs, alleging that the property held by her as such is insufficient for her maintenance, agrees, for purposes neither religious nor charitable, to sell a field, part of such property, to B. B satisfies himself by reasonable enquiry that the income of the property is insufficient for A's maintenance, and that the sale of the field is necessary, and, acting in good faith, buys the field from A. As between B on the one part and A and the collateral heirs on the other part, a necessity for the sale shall be deemed to have existed.

 

TRANSFER OF PROPERTY ACT 1882

Section 21 - Contingent interest

Section 22 - Transfer to members of a class who attain a particular age

Section 23 - Transfer contingent on happening of specified uncertain event

Section 24 - Transfer to such of certain persons as survive at some period not specified

Section 25 - Conditional transfer

 

 

Section 26 - Fulfillment of condition precedent

Section 27 - Conditional transfer to one person coupled with transfer to another on failure of prior disposition

Section 28 - Ulterior transfer conditional on happening or not happening of specified event

Section 29 - Fulfillment of condition subsequent

Section 30 - Prior disposition not affected by invalidity of ulterior disposition

 

 

Section 31 - Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen

Section 32 - Such condition must not be invalid

Section 33 - Transfer conditional on performance of act, no time being specified for performance

Section 34 - Transfer conditional on performance of act, time being specified

Section 35 - Election when necessary

 

 

Section 36 - Apportionment of periodical payments on determination of interest of person entitled

Section 37 - Apportionment of benefit of obligation on severance

Section 38 - Transfer by person authorised only under certain circumstances to transfer

Section 39 - Transfer where third person is entitled to maintenance

Section 40 - Burden of obligation imposing restriction on use of land

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