Section 40 — Conveyancing Act 1919 (NSW)

Receipt in deed or indorsed evidence for subsequent purchaser

(1) A receipt for consideration money or other consideration in the body of a deed or indorsed thereon shall in favour of a subsequent purchaser not having notice that the money or other consideration thereby acknowledged to be received was not in fact paid or given wholly or in part be sufficient evidence of the payment or giving of the whole amount thereof.
(2) This section applies to deeds executed or indorsements made before or after the commencement of this Act.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 38 — Signature and attestation
s 38A — Electronic form deeds
s 39 — Receipt in deed sufficient
s 41 — Mode of exercise of powers
s 43 — Form of deed
s 44 — No use to result from absence of consideration

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