The Transfer of Property Act 1882, Section 6, what may be transfer: In this article, you can learn the transfer of property act 1882, section 6, what may be transfer:
The Transfer of Property Act 1882
Section 6
What may be transfer?
Any kind of property may be transferred. Moveable or Immovable property all kind of property. Except for the following cases :
The chance of an heir apparent is not transferable. It means there is an only chance in future to become the heir apparent on someone’s property. And it’s not transferable. Example: “B” is an only son of “A”. “B” knows “A” has a property. And if “A” dies, then the property is mine “B” thinks like that. In the chance of heir apparent if “B” made a deal to “C” transfer his heir apparent right to c. In this case, there is an heir apparent and is not transferable. Because “A” is still alive. He can sell his property anytime to anyone. That’s why the chance of heir apparent is not transferable. This particular type of transfer also forbidden by Mohammedan law and Hindu law.
If anyone expects that he conveys some property in future from his relative. Because they have no inherent. On based this hope if that person made a deal with someone else to transfer this right, it’s not transferable.
The other property in the same nature is also not a transferable.
B. Mere right of re-entry:
Mere right of re-entry mean’s when someone made a contract to give his or her property lease for 7 years. And in between the time the lease breach the contract condition or doesn’t pay the rent, then the leaser has a right to re-entry on that property. This right is not transferable. If the leaser sells his ownership of that property, then this right with ownership it goes to the new owner. And the contract is for 7 years. If the 7years are finished, then if lesser want to transfer this right to anyone. Because the duration between lesser and lease is 7 years.
C. Easement:
Easement means a right of enjoyment. Like: Right of way, Right of Air, Right of Light.
In this case of an easement, the right acquired one property to another. This kind of right also not a transferable.
D.Restricted Interest or Personal Rights:
Rights are limited to personal enjoyment it’s not transferable. Like: “A” has a house, and that house he provides to a gust “B” and the right of enjoyment is vested on “B”. “B” cannot transfer this right to his guest or someone else. Similar to the right of maintained, personal imams, mutawali is not capable to transfer their rights. This right is not transferable.
DD.Right to Future maintenance:
When a lady claims that, she has a right of maintenance. But this right is still not due. If she tries to transfer this right to someone else, it’s not transferable. If the right Rae due, then it becomes transferable.
E. Mere right to sue:
Mere right to sue it’s prohibitive. It’s not transferable. Like: sue for damages, compensation ECT. Where the amount is uncertain, on that case it’s not fixed or ascertains then it’s transferable. Like: Actionable claim.
F. Public Office and salary :
The public office and salary are not transferable. It’s considered opposed to public policy. It’s applying public office only.
G.Stipends ect :
The term pension means periodical allowance. The law political pension, civil officer, the law enforcement officer pension are not transferable.
H.1) Oppose to nature of interest affected:
This clause said by inherent nature it’s not transferable. Like: Air, Water, Sunshine, Moonlight EST.
2) For Unlawful object or consideration:
In this clause, all agreement is void, under section 23 of contract act.
If any agreement or transfer is made by against section 23 of contract act, then it’s prohibited. Like: Immoral, Contract made against the public policy, Contract or transfer is made by against the law.
3) Person legally disqualified:
Those people who legally disqualified to become are doing make dibbing on any actionable claim. Because the judge is legal portioned are involved with the judicial system. In the same way, a minor cannot transfer his property. But he takes property from the transferor.
We hope that now you understand the concept of The Transfer of Property Act 1882, Section 6, what may be transfer.
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