Section 38 of TPA II Transfer by Person authorised only under certain circumstances

Section 38 of TPA II Transfer by Person authorised only under certain circumstances #tpa1882
This video cover the topic-
Section 38
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.
Case Law discussed in the video
Hanooman Prasad Panday v. Babbooee Munraj Kunwaree, 1856
It is a leading case of maintenance and guardianship. In this case L.J. Knight Bruce mentioned in his judgement that the duties imposed on transferee to take reasonable care is only to satisfy himself as well as court that such circumstances exist and he has acted in good faith. It is not the duty of transferee to check the intention of transferor.
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Adv. Rahul Chauhan.

[@prasadvikram4034]

You are the only person, who clearly explained, super 👌

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Best explanation sir

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Super explain sir

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Super explanation.... Thanku

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Thank you sir

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