Section 38 The Transfer of Property Act, 1882


 Section 38 The Transfer of Property Act, 1882: 

Transfer by person authorised only under certain circumstances to transfer.—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. Illustration 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.

Supreme Court of India Important Judgments And Leading Case Law Related to Section 38 The Transfer of Property Act, 1882: 

Dr. H. S. Rikhy And Others vs The New Delhi Municipal Committee on 13 September, 1961

Industrial Investment Bank Of  vs M/S. Jain Cables Pvt. Ltd. & Ors on 5 January, 2011

Atul Chandra Das(D) Tr.Lrs. vs Rabindra Nath  on 4 April, 2019

Kanaiyalal Lalchand Sachdev & Ors vs State Of Maharashtra & Ors on 7 February, 2011

N. Srinivasa Rao vs Spl. Court Under A.P. Land on 23 March, 2006

Dattatraya Shanker Mote & Ors vs Anand Chintaman Datar & Ors on 3 October, 1974

M/S.Krishna Food & Baking  vs M/S. New India Assurance Co. Ltd. & on 7 November, 2008

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