Bare ActsThe TRANSFER OF PROPERTY ACT, 1882

Section 42

Amendment status not verified — confirm the current text below against the official source.

Transfer by person having authority to revoke former transfer Where a person transfers any immoveable property, reserving power to revoke the transfer, and subsequently transfers the property for consideration to another transferee, such transfer operates in favour of such transferee (subject to any condition attached to the exercise of the power) as a revocation of the former transfer to the extent of the power. 13 The words “with the intention of defeating such right” omitted by Act 20 of 1929, sec. 11. 14 Subs. by Act 20 of 1929, sec. 11, for “of such intention”. 15 The illustration omitted by Act 20 of 1929, sec. 11. 16 Subs. by Act 20 of 1929, sec. 12, for “of the latter property or to compel its enjoyment in a particular manner”. 16 Illustration A lets a house to B, and reserves power to revoke the lease if, in the opinion of a specified surveyor, B should make a use of it detrimental to its value, Afterwards A, thinking that such a use has been made, lets the house to C. This operates as a revocation of B’s lease subject to the opinion of the surveyor as to B’s use of the house having been detrimental to its value.

Section 42 – The TRANSFER OF PROPERTY ACT, 1882 | DailyLaw.ai