Transfer where third person is entitled to maintenance
Section 39 of the Transfer of Property Act, 1882 deals with 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 the right may be enforced against the transferee, if he has notice [thereof] or if the transfer is gratuitous; The Act came into force on 01 Jul 1882.
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* * * * *
Section 39, The Transfer of Property Act, 1882 (Act 4 of 1882).
Questions about Section 39
What does Section 39 of the Transfer of Property Act deal with?
Section 39 of the Transfer of Property Act is headed "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 the right may be enforced against the transferee, if he has notice [thereof] or if the transfer is gratuitous;
How do I find court cases under Section 39 of the Transfer of Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 39, section 39 TP Act, section 39 of the Transfer of Property Act. People searching for it also type tpa 39 96 and tampa 39. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 39 of the Transfer of Property Act come into force?
Section 39 of the Transfer of Property Act, cited as TP Act 39, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.