New Enroll in RBI Grade B New Batch - Starts on May 21

    Question

    Which of the following properties can be transferred?

    A An easement. Correct Answer Incorrect Answer
    B A right to sue Correct Answer Incorrect Answer
    C Salary of a public officer Correct Answer Incorrect Answer
    D None of the above. Correct Answer Incorrect Answer

    Solution

    None of the above can be transferred. All the above mentioned are types of properties which cannot be transferred as per s.6 of the Transfer of Property Act, 1882 - S.6. What may be transferred.—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: (a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred. (b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby. (c) An easement cannot be transferred apart from the dominant heritage. (d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him. [(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred.] (e) A mere right to sue ***cannot be transferred. (f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable. (g) Stipends allowed to military, [naval], [air-force] and civil pensioners of [the Government] and political pensions cannot be transferred. (h) No transfer can be made (1) in so far as it opposed to the nature of the interest affected thereby, or (2) [an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872), or (3)to a person legally disqualified to be transferee]. [(i) Nothing in this section shall be deemed to authorise a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a court of Wards, to assign his interest as such tenant, farmer or lessee.]

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