Section 38
Transfer by person authori sed only under certain circumstances to transfer.
The Transfer of Property Act, 1882
About this Act
An Act to amend the law relating to the Transfer of Property by act of Parties.
Where any
person, authorised only under circumstances in their nature variable to dispose of immoveable property,
transfers such property for consideration, alleging the existence of such circumstances, they shall, as
between the transferee on the one part and the transferor and other persons (if any) affected by the transfer
on the other part, be deemed to have existed, if the transferee, after using reasonable care to ascertain the
existence of such circumstances, has acted in good faith.
Illustrations
A, a Hindu widow, whose husband has left collateral heirs, alleging that the property held by her as such is insufficient for her maintenance, agrees, for purposes neither religious nor charitable, to sell a field, part of such property, to B. B satisfies himself by reasonable enquiry that the income of the property is insufficient for A's maintenance, and that the sale of the field is necessary, and acting in good faith, buys the field from A. As between B on the one part and A and the collateral heirs on the other part, a necessity for the sale shall be deemed to have existed.
Illustrations
A, a Hindu widow, whose husband has left collateral heirs, alleging that the property held by her as such is insufficient for her maintenance, agrees, for purposes neither religious nor charitable, to sell a field, part of such property, to B. B satisfies himself by reasonable enquiry that the income of the property is insufficient for A's maintenance, and that the sale of the field is necessary, and acting in good faith, buys the field from A. As between B on the one part and A and the collateral heirs on the other part, a necessity for the sale shall be deemed to have existed.