39. 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 immovable property, and such property is transferred [x x x x] [In section 39 words 'with the intention of defeating such right' omitted and for the words 'of such intention' the word 'thereof' substituted and illustration omitted by Act VI of Samvat 1996.], the right may be enforced against the transferee, if he has notice [thereof] [In section 39 words 'with the intention of defeating such right' omitted and for the words 'of such intention' the word 'thereof' substituted and illustration omitted by Act VI of Samvat 1996.] 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.[ * * * * * ] [ In section 39 words 'with the intention of defeating such right' omitted and for the words 'of such intention' the word 'thereof' substituted and illustration omitted by Act VI of Samvat 1996.]
