37BVoluntary alienation of land how far voidable as against purchasers

37B Voluntary alienation of land how far voidable as against purchasers

37B Voluntary alienation of land how far voidable as against purchasers

(1) Every instrument (other than a will) which operates, or on registration would operate as a voluntary alienation of land, shall, if made with intent to defraud a subsequent purchaser, be voidable at the instance of a subsequent purchaser.

(2) For the purposes of this section no such instrument (whether made before or after the commencement of the Conveyancing (Amendment) Act 1930) shall, if registered before a subsequent purchase, be deemed to have been made with intent to defraud by reason only of that purchase, or that the instrument was not made for valuable consideration.

s 37B: Ins 1930 No 44, sec 10.