Comment on the following statements: A debtor cannot claim or take advantage of non-payment of consideration for assignment.

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2016
Comment on the following statements: A debtor cannot claim or take advantage of non-payment of consideration for assignment.

Answer & Explanation:

A debtor cannot claim or take advantage of non-payment of consideration for assignment. Section 130 of the Transfer of Property Act, 1882 specifically lays down that an assignment of an actionable claim may be with or without consideration. Passing of the property in the assigned property does not depend on the payment of consideration. The question of payment of consideration is in fact one between the assignor and the assignee. Section 132 of Transfer of Property Act provides that the transferee of an actionable claim shall take it subject to all the liabilities and equities to which the transfer was subject in respect thereof at the date of transfer.

Topics: Transfer of Property Act

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