Updated: Jul 9, 2021
TRANSFER OF ANY KIND OF PROPERTY
Property of any kind may be transferred'.
Explained. Under Section 6 of the T.P.Act provides for the exceptions to the rule that property of any kind may be transferred. The exceptions are:
a) Spes Successionis.
b) Transfer of Right of Re-entry and Easement.
c) Religious Office.
d) Serving of Inams.
e) Maintenance Right.
f) Mere right to sue.
g) Public Office, stipends and pensions,
h) Illegal transfers.
a) Spes Successions means 'chance of succession' such an in terest cannot be transferred.
b) Right of re-entry as easement: A lessor may reserve to himself a right of re-entry on breach of a convenant by his, lessee. This right cannot be transferred apart from the estate. A leases his land blackcare to B on Rs.1,000/- per annum with the right of re-entry on default by lessee. B commits default. A has a right of re-entry. This right cannot be transferred by itself to another person. An easementory right of way cannot be transferred by itself without the transfer of the dominant heritage.
c) Religious Office, cannot be transferred
d) Serving of Inams: An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him. Service of Inams is an example. A was entitled to an Inams, for his 'Swastivachakam' service at a temple. 'A's successor x sold this interest to B. Held: That the alienation was void. Similarly, a religious office also cannot be transferred.
e) Right to future maintenance in whatsoever manner arising, secured or determined, cannot be transferred. W, the wife of H was receiving a maintenance of Rs.3,000/- per year. W is not entitled to recover her maintenance for the next year in advance. But, if H has defaulted in payment she has a right to recover the arrears. This right can be transferred by her to C. Hence, a past maintenance can be transferred but not the future right to maintenance.
f) A mere right to sue cannot be transferred. A has right to recover damages from B for a tortious liability (e.g. Assault), this right cannot be transferred as it is a mere right to sue. Similarly a mere right to sue for breach of contract, cannot be transferred.
g) Pensions, stipends, public office etc. cannot be transferred,
h) Illegal Transfers: No transfer can be made if it is
i) having unlawful object or consideration,
ii) opposed to the nature of interest effected,
iii) to a legally disqualified transferee. Transfer of property to future illicit cohabitation is void. Transfers made for past cohabitation are not bad as the past cohabitationwas not the 'object'. In Nagaratnamma Vs. Ramaiah the supreme Court upheld such a transfer.'Champertous transfer' by itself is not void in India. Achal Ram Vs. Kasim. A moiety created to person in a civil suit was held asgood, as it is not opposed to public policy.