# 39 Transfer where third person is entitled to maintenance
Where a third person has a right to receive maintenance, or a provision for advancement or marriage, from the profits of immoveable property, and such property is transferred 1*** the right may be enforced against the transferee, if he has notice 2[thereof] or if the transfer is gratuitous; but not against a transferee for consideration and without notice of the right, nor against such property in his hands.
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1. The words "with the intention of defeating such right" omitted by Act 20 of 1929, s. 11.
2. Subs. by s. 11, <i>ibid</i>., for "of such intention".
3. The Illustrations omitted by Act 20 of 1929, s. 11.
(B) Transfer of immoveable property
38
Transfer by person authori sed only under certain circumstances to transfer40
Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement41
Transfer by ostensible owner42
Transfer by person having authority to revoke former transfer
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