Enumerate the properties which cannot be transferred under the provisions of the Transfer of Property Act, 1882.

CS Executive · Economic and Commercial Laws · PYQS · June 2016
Enumerate the properties which cannot be transferred under the provisions of the Transfer of Property Act, 1882.

Answer & Explanation:

Section 6 of the Transfer of Property Act, 1882 contains some exceptions to the general rule that property of any kind may be transferred. Consequently, the following properties cannot be transferred, namely: 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. A mere right of re-entry for breach of a condition subsequent cannot be transferred to anyone except the owner of the property affected thereby. An easement cannot be transferred apart from the dominant heritage. All interest in property restricted in its enjoyment to the owner personally cannot be transferred by him. A right to future maintenance in whatsoever manner arising, secured or determined, cannot be transferred. A mere right to sue cannot be transferred. A public office cannot be transferred nor can the salary of a public officer, whether before or after it has become payable. Stipends allowed to military, naval, air force and civil pensioners of the Government and political pensions cannot be transferred.

Topics: Transfer of Property Act, 1882

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