vikram chandra

Your Legal Friend

The General rule related to Transfer of Property is that property of any kind may be transferred and this property can be movable or immovable. Property of any kind can be transferred from one party to another.

Any property can be transferred as per the Transfer of Property Act in India but the following are the exceptions as per Sec. 6 of the TP Act that except as otherwise provided by this Act or by any other law for the time being in force,-

(a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred

(b)A mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby

(c) An easement cannot be transferred apart from the dominant heritage

(d) All interest in property restricted in its enjoyment to the owner personally cannot be transferred by him; 1( A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred)

(e) A mere right to sue 2 cannot be transferred

(f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable

(g) Stipends allowed to military 3[naval], 4[air-force] and civil pensioners of the 5[Government] and political pensions cannot be transferred

(h) No transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby, or (2) 6[for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872)], or (3) to a person legally disqualified to be transferee; 7 [Nothing in this section shall be deemed to authorize a tenant having an transferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate, under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee.]


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