Section 38 of the Transfer of Property Act, 1882 carries this illustration. A, a Hindu widow whose…
The illustration to section 38 concludes that "a necessity for the sale shall be deemed to have existed". Section 38 deems the alleged circumstances to have existed if the…
Choose your answer
Section 38 of the Transfer of Property Act, 1882 carries this illustration. A, a Hindu widow whose husband has left collateral heirs, alleges that the property she holds as widow is insufficient for her maintenance and agrees, for purposes neither religious nor charitable, to sell a field of that property to B. B satisfies himself by reasonable enquiry that the income is insufficient and that the sale is necessary, and buys the field in good faith. As between B and the collateral heirs, what is the position?
Answer and explanation
Correct answer C
The illustration to section 38 concludes that "a necessity for the sale shall be deemed to have existed". Section 38 deems the alleged circumstances to have existed if the transferee, after "using reasonable care" to ascertain them, "has acted in good faith", so B need not prove that the necessity actually existed. The Hindu widow's limited estate on which the illustration rests is now largely of historical interest, because section 14(1) of the Hindu Succession Act, 1956 makes property possessed by a female Hindu hers "as full owner thereof and not as a limited owner".
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