धारा 38

Where a contract is made with a person competent to transfer ownership in immovable property for the transfer of such property for a consideration, and the property is subject to a mortgage or other lien, the contract shall be void in the hands of any person to whom the transferee derives title (otherwise than under a will) except where the transferee has, at the time of the contract, a good title to the property free from the mortgage or other lien, or where the transferee has, at the time of the contract, a right to call for a conveyance of the whole property free from the mortgage or other lien.