What May Be Transferred

Introduction

Section 6 of the Transfer of Property Act, 1882 lays down what kinds of property can be transferred.

The general rule is that property of any kind may be transferred. However, the section also provides important exceptions where transfer is not allowed.

Meaning / Definition

Transferable property means property or rights which can legally be transferred from one person to another.

Non-transferable property includes rights which are personal (limited to a person), uncertain, or against public policy (against law or fairness).

Modes or Types

General Rule

• All kinds of property can be transferred unless specifically restricted by law.

Exceptions (Non-Transferable Interests)

Spes Successionis (Chance of Succession)

• Mere chance of getting property in future cannot be transferred.
• Example:
  • Expecting inheritance from a relative.

Right of Re-entry

• Right of the owner to take back property on breach of condition.
• Cannot be transferred separately.
• Example:
  • Landlord’s right to re-enter leased property.

Easement Rights

• Right over another person’s land (like right of way).
• Cannot be transferred independently.
• Must be transferred along with the main property.

Religious Office

• Rights related to religious positions cannot be transferred.
• Example:
  • Mutawalli (manager of Wakf)
  • Mahant (head of a Math)

Right to Future Maintenance

• Right to receive future maintenance cannot be transferred.
• However:
  • Arrears (past unpaid maintenance) can be transferred.

Mere Right to Sue

• Right to file a case (legal claim) cannot be transferred.
• Example:
  • Right to claim damages for assault or breach of contract.

Public Office and Pensions

• Public offices cannot be transferred.
• Salaries, stipends, and pensions are also non-transferable.

Illegal Transfers

Transfer is not valid if:

• It has unlawful object or consideration (illegal purpose)
• It is against the nature of the interest
• It is made to a legally disqualified person

Transferable Interest (Special Note)

• Some interests may be restricted by law.
• Example:
  • A tenant with non-transferable occupancy rights cannot transfer such rights.

Important Case Law

• Nagaratnamma v. Ramaiah (Supreme Court of India)
  • Transfer for past cohabitation (past relationship) is valid.
  • Transfer for future illicit cohabitation (illegal relationship) is void.

Distinction / Comparison

Practical Example

• A sells land to B. This is valid transfer.
• A tries to transfer expected inheritance from his father. This is invalid.
• A assigns unpaid maintenance dues to B. This is valid.
• A tries to transfer right to sue for damages. This is invalid.

Summary

• Section 6 allows transfer of property unless restricted.
• Spes successionis (chance of inheritance) cannot be transferred.
• Personal rights like maintenance and right to sue are not transferable.
• Easement and re-entry rights cannot be transferred separately.
• Public offices, pensions, and religious offices are non-transferable.
• Illegal transfers are void.
• Only lawful and existing interests can be transferred.