Write down the mode of transfer of Actionable Claim.

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2020
Write down the mode of transfer of Actionable Claim.

Answer & Explanation:

Section 130 of the Transfer of Property Act, 1882 lays down the mode of transfer of actionable claim: The transfer of an actionable claim whether with or without consideration shall he effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent, and shall be complete and effectual upon the execution of such instrument, and thereupon all the rights and remedies of the transferor whether by way of damages or otherwise, shall vest in the transferee, whether such notice of the transfer as is hereinafter provided be given or not; Provided that every dealing with the debt or other actionable claim by the debtor or other person from or against whom the transferor would, but for such instrument of transfer as aforesaid, have been entitled to recover or enforce such debt or other actionable claim, shall (save where the debtor or other person is a party to the transfer or has received notice thereof as hereinafter provided) be valid as against such transfer. The transferee of an actionable claim may, upon the execution of such instrument of transfer as aforesaid, sue or institute proceedings for the same in his own name without obtaining the transferor's consent to such suit or proceedings, and without making him a party thereto. Every notice of transfer of an actionable claim must be in writing signed by the transferor or his agent duly authorised in this behalf, or in case the transferor refuses to sign, by the transferee or his agent, and must state the name and address of the transferee. (Transfer of Property Act, 1882, Section131).

Topics: Transfer of Property Act, 1882

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