What is the meaning of Transfer by person authorised only under certain circumstances to transfer? Section 38 of Transfer of Property Act, 1882
38. Where any person, authorised only under circumstances in their nature variable to dispose of immovable 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.
Section 21 - Contingent interest
Section 22 - Transfer to members of a class who attain a particular age
Section 23 - Transfer contingent on happening of specified uncertain event
Section 24 - Transfer to such of certain persons as survive at some period not specified
Section 25 - Conditional transfer
Section 26 - Fulfillment of condition precedent
Section 28 - Ulterior transfer conditional on happening or not happening of specified event
Section 29 - Fulfillment of condition subsequent
Section 30 - Prior disposition not affected by invalidity of ulterior disposition
Section 32 - Such condition must not be invalid
Section 33 - Transfer conditional on performance of act, no time being specified for performance
Section 34 - Transfer conditional on performance of act, time being specified
Section 35 - Election when necessary
Section 36 - Apportionment of periodical payments on determination of interest of person entitled
Section 37 - Apportionment of benefit of obligation on severance
Section 38 - Transfer by person authorised only under certain circumstances to transfer
Section 39 - Transfer where third person is entitled to maintenance
Section 40 - Burden of obligation imposing restriction on use of land