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Section 6 – Transfer of Property Act 1882

Transfer of Property Act 1882

 

6. What may be transferred.—

 

Property of any kind may be transferred, 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[(dd) 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[(i) Nothing in this section shall be deemed to authorise a tenant having an untransferable 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.]

 

COMMENTS

If guardian of a minor transfers his property without permission of Court as envisaged under section 8 of the Hindu Minority and Guardianship Act, 1956 and without legal necessity, then a purchaser of property from minor can sue to set aside such sale within 3 years after the minor attains majority; Amritham Kudumbah v. Sarnam Kudumbam, AIR 1991 SC 1256.

 

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1. Ins. by Act 20 of 1929, sec. 6.

 

2. The words “for compensation for a fraud or for harm illegally caused” omitted by Act 2 of 1900, sec. 3.

 

3. Ins. by Act 35 of 1934, sec. 2 and Sch.

 

4. Ins. by Act 10 of 1927, sec. 2 and Sch. I.

 

5. The word “Government” successively subs. by the A.O. 1937 and the A.O. 1950 to read as above.

 

6. Subs. by Act 2 of 1900, sec. 3, for “for an illegal purpose”.

 

7. Added by Act 3 of 1885, sec. 4.

 

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Transfer of Property Act 1882

 

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