Transfer of Property Act Section 39 — Transfer where third person is entitled to maintenance
CHAPTER I PRELIMINARY
General
Summary
If a person has a legal right to receive maintenance, or money for advancement or marriage, from the income of a piece of immovable property, and that property is transferred to someone else, the right can still be enforced against the new owner if they knew about it, or if they received the property as a gift. However, the right cannot be enforced against a buyer who paid for the property and had no knowledge of the right, nor against the property once it is in that buyer's hands.
Official Text
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 1. The words “with the intention of defeating such right” omitted by Act 20 of 1929, s. 11. 2. Subs. by s. 11, ibid., for “of such intention”. transfer is gratuitous; but not against a transferee for consideration and without notice of the right, nor against such property in his hands. 1* * * * *