Question: What Cannot Be Transferred Under The Transfer Of Property Act 1882?

What is doctrine of part performance?

Doctrine of Part Performance is an equitable doctrine and it is incorporated to prevent fraud and from taking illegal advantage on account of non-registration of the document.

This Doctrine is based on the maxim, Equity look at as it is done which ought to have been done..

Can easement be transferred?

A Transfer granting easement over own land form 01TO is used for the creation of an easement where the dominant tenement and the servient tenement are held by the same registered proprietor. For: … a transfer granting an easement to let down surface, see Baalman And Wells, Land Titles Office Practice, Lawbook Co.

Which of the following properties or interests Cannot be transferred?

Stipends related to Military, Naval, Air Forces, Civil Prisoners, government pensions, etc are personal rights and cannot be transferred. … There is no prohibition in law that ownership in a property cannot be gifted without its possession and right of enjoyment.

What properties may not be transferred?

 An 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.

Which of the following is the time limit given under Section 17 of the Transfer of Property Act 1882?

eighteen years(b) a period of eighteen years from the date of transfer, such direction shall, save as hereinafter provided, be void to the extent to which the period during which the accumulation is directed exceeds the longer of the aforesaid periods, and at the end of such last-mentioned period the property and the income thereof …

Which law deals with transfer of property?

The Transfer of Property Act 1882 is an Indian legislation which regulates the transfer of property in India. It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. It came into force on 1 July 1882.

Can a mortgage of real property Act land be transferred?

In every instrument, transferring an estate or interest in land under the provisions of this Act, subject to mortgage, charge or covenant charge, there shall be implied the following covenant by the transferee, that is to say, that such transferee will pay the interest, or annuity, or rent-charge secured by such …

What is actionable claim under Transfer of Property Act?

Actionable claim means a debt or a claim on which action can be started in a Court of law for comfort or relief. The civil Courts recognized as giving the grounds for relief whether such claims are conditional, accruing and other. The actionable claim is defined under section 3 of the Transfer of Property Act, 1882.

What properties Cannot be transferred?

Transfer of Property Act, 1882 An 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.

What are the essential features of Transfer of Property Act?

The consideration or object of the transfer must be lawful. No transfer can be made for an unlawful object or consideration as provided in Section 23 of the Indian Contract Act, 1872. 6. The transfer must not be opposed to the nature of the interest effected thereby.

Can future property be transferred?

Every person, who is competent to contract, is competent to transfer property, which can be transferred in whole or in part. … The right may be either absolute or conditional, and the property may be movable or immovable, present or future.

What are the modes of transfer of property?

There are various modes of transferring ownership of property: permanently by 1) relinquishment 2) sale 3) gift; and temporarily by way of 4) mortgage 5) lease and, 6) leave and license agreement.

Can a right to sue be transferred?

A mere right to sue, as for instance, in respect of damages for breach of contract, or for tort, cannot be transferred. The object of the prohibition is to prevent gambling in litigation. Moreover, a right to sue is personal to the party aggrieved.

How can an immovable property be transferred?

Transfer of immovable property may happen only in certain ways. They can either be through sale, mortgagee, lease, and gifts or through actionable claims. These are modes of transfer. Contract of sale of immovable property is basically a contract, which states terms for the permanent transfer of property.

What is vested interest in transfer of property?

Vested interest is when an interest in a property is transferred in favour of a person without specifying the time or a specific condition. Such interest must vest in the person on happening of an event which is bound to happen.