Transferrable and non transferrable property

7
TRANSFERRABLE AND NON- TRANSFERRABLE PROPERTY (Sec. 6 of the T.P. Act, 1882)

Transcript of Transferrable and non transferrable property

Page 1: Transferrable and non transferrable property

TRANSFERRABLE AND NON-TRANSFERRABLE PROPERTY

(Sec. 6 of the T.P. Act, 1882)

Page 2: Transferrable and non transferrable property

Property of any kind may be transferred except

Property which cannot be transferred by any law, for the time being, in force in India

Property which cannot be transferred otherwise as given in the Act

Hindu Law

C.P.C.Muslim Law

Transfer Opposed to Nature of Interest

Public Office

Easement apartfrom Dominant Heritage Mere Right of

Re-entry

Spec-successionis

Restricted Interest

Rt. to Future Maintenance

Mere Right to Sue

Pension & Stipends

UntransferableRight of Occupancy

Page 3: Transferrable and non transferrable property

Non-transferrable Property

1. Spec-successionis

Heir-apparent Any other possibility of like nature

Legacy

May not survive the Propositus

Propositus has made a will

The will in his favour might not be the last will

Lagatee may not survive the testator

Page 4: Transferrable and non transferrable property

Non-transferrable Property(Cont..)

2. Mere Right of Re-entry3. Easement apart from Dominant Heritage4. Restricted Interest5. Right to Future Maintenance6. Mere Right to sue7. Public office and salary of Public Officer

Page 5: Transferrable and non transferrable property

Non-transferrable Property(Cont..)

• 8. Pensions and StipendsStipends

Political Pension

Military Air-forceNaval

Page 6: Transferrable and non transferrable property

Non-transferrable Property(Cont..)

• 9. Transfer Opposed to Nature of Interest

Transfer opposed to the nature of the interest created thereby

Transfer made to a disqualified transferee

Transfer where its object/consideration in unlawful (Sec. 23 of the Contract Act)

Page 7: Transferrable and non transferrable property

Non-transferrable Property(Cont..)

Untransferable Right of Occupancy

Tenant untransferable right of occupancy

Lease of an estate under the management of a Court of Ward

Farmer interest in agricultural land