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Under section 39 of the Transfer of Property Act, 1882, a third person has a right to receive…

The right can be enforced against a gratuitous transferee or a transferee with notice. Section 39 protects a transferee for consideration without notice, as well as the…

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Under section 39 of the Transfer of Property Act, 1882, a third person has a right to receive maintenance from the profits of immovable property that is later transferred. When can the third person enforce that right against the transferee?

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Answer and explanation

Correct answer C

The right can be enforced against a gratuitous transferee or a transferee with notice. Section 39 protects a transferee for consideration without notice, as well as the property in that transferee’s hands.

Option feedback

Option A

A transferee for consideration who has notice is also subject to the right.

Option B

A gratuitous transferee is subject to the right even without notice.

Option C

Either a gratuitous transfer or notice of the right is sufficient.

Option D

Section 39 makes the two circumstances alternatives.

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