Answer :-
There are nine kinds of properties which
can not be transferred as exceptions to
the general rule that property of any
king may be transferred .
Section 6 of the Transfer of Property
Act laid down that property of any kind
may be transferred , except as
otherwise provided by this Act or by
any other law for the time being in
force .
So any kind of property may be
transferred except the nine kinds of
rights or interests which are as follows
–
1.a ) The chance of an heir –apparent
succeeding to an estate which is called
hope of succession or spes
successionis ;
b) the chance of a relation obtaining a
legacy on the death of a kinsman or
spes successionis ; or
c) any other possibility of a like
nature , can not be transferred .
2) A mere right or re-entry for breach of
a condition subsequent can not be
transferred to any one except the owner
of the property affected thereby .
3) An easement apart from the
dominant heritage , can not be
transferred .
4) An interest in the property restricted
in it’s enjoyment to the owners
personally , as for example religious
offices , services tenures , can not also
be transferred . Things commonly
known as res communes or the things
which all men may use can not be
transferred . Things belonging to
nobody or Res nullius such as air and
water can not be transferred . Likewise
the properties which are Res extra
commercium or the properties
dedicated to the deity can not be
transferred .
5) A right to future maintenance , in
whatsoever manner arising , secured or
determined , can not be transferred .
6) A mere right to sue is not capable of
being transferred .
i) Past mesne profits , ii) damages for a
breach of a contract , iii) for suing an
agent for accounts and for iv) pre-
emption are all mere right to sue and
can not be transferred .
7) A public office or the salary of a
public officer , whether before or after it
has become payable , can not be
transferred .
8) Stipends allowed to Military , naval ,
air-force and civil pensioners of
Government , as well as political
pensions , can not be transferred .
9) No tranafer can be made –
i) in so far as it is opposed to the
nature of the interest affected thereby ,
or
ii) for an unlawful object or
consideration within the meaning of
section 23 of the Indian Contract Act ,
or
iii) to a person legally disqualified to be
transferee .
Section 136 of the Transfer of property
Act forbids a Judge , a legal practioner
or an officer connected with any Court
of Justice from purchasing an
actionable claim.
Nothing in this section 6 of the Transfer
of Property Act shall be deemed to
authorise ---
i) a tenant having an untransferable
right of occupancy ,
ii) the farmer of an estate in respect of
which default has been made in paying
revenue ,
iii) or the lessee of an estate , under the
management of a Court of Wards ,
to assign his interest as such tenant ,
farmer or lessee .
*****
There are nine kinds of properties which
can not be transferred as exceptions to
the general rule that property of any
king may be transferred .
Section 6 of the Transfer of Property
Act laid down that property of any kind
may be transferred , except as
otherwise provided by this Act or by
any other law for the time being in
force .
So any kind of property may be
transferred except the nine kinds of
rights or interests which are as follows
–
1.a ) The chance of an heir –apparent
succeeding to an estate which is called
hope of succession or spes
successionis ;
b) the chance of a relation obtaining a
legacy on the death of a kinsman or
spes successionis ; or
c) any other possibility of a like
nature , can not be transferred .
2) A mere right or re-entry for breach of
a condition subsequent can not be
transferred to any one except the owner
of the property affected thereby .
3) An easement apart from the
dominant heritage , can not be
transferred .
4) An interest in the property restricted
in it’s enjoyment to the owners
personally , as for example religious
offices , services tenures , can not also
be transferred . Things commonly
known as res communes or the things
which all men may use can not be
transferred . Things belonging to
nobody or Res nullius such as air and
water can not be transferred . Likewise
the properties which are Res extra
commercium or the properties
dedicated to the deity can not be
transferred .
5) A right to future maintenance , in
whatsoever manner arising , secured or
determined , can not be transferred .
6) A mere right to sue is not capable of
being transferred .
i) Past mesne profits , ii) damages for a
breach of a contract , iii) for suing an
agent for accounts and for iv) pre-
emption are all mere right to sue and
can not be transferred .
7) A public office or the salary of a
public officer , whether before or after it
has become payable , can not be
transferred .
8) Stipends allowed to Military , naval ,
air-force and civil pensioners of
Government , as well as political
pensions , can not be transferred .
9) No tranafer can be made –
i) in so far as it is opposed to the
nature of the interest affected thereby ,
or
ii) for an unlawful object or
consideration within the meaning of
section 23 of the Indian Contract Act ,
or
iii) to a person legally disqualified to be
transferee .
Section 136 of the Transfer of property
Act forbids a Judge , a legal practioner
or an officer connected with any Court
of Justice from purchasing an
actionable claim.
Nothing in this section 6 of the Transfer
of Property Act shall be deemed to
authorise ---
i) a tenant having an untransferable
right of occupancy ,
ii) the farmer of an estate in respect of
which default has been made in paying
revenue ,
iii) or the lessee of an estate , under the
management of a Court of Wards ,
to assign his interest as such tenant ,
farmer or lessee .
*****
