Section 6 TPA: What may be transferred

CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES · (A) Transfer of Property, whether moveable or immoveable

Section 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.

(d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him.

¹[(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred.]

(e) A mere right to sue ²***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 ³[,naval], ⁴[air-force] and civil pensioners of ⁵[Government] and political pensions cannot be transferred.

(h) No transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby, or (2) ⁶[for 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].

⁷[(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.]

Footnotes in the official text

1.Ins. by s. 7, ibid.
2.The words “for compensation for a fraud or for harm illegally caused” omitted by Act 2 of 1900, s. 3.
3.Ins. by Act 35 of 1934, s. 2 and the Schedule.
4.Ins. by Act 10 of 1927, s. 2 and the First Schedule.
5.The word “Government” successively adapted by the A.O. 1937 and A.O. 1950 to read as above.
6.Subs. by Act 2 of 1900, s. 3, for “for an illegal purpose”.
7.Added by Act 3 of 1885, s. 4.

Questions on this section

7 questions in 29 of our papers cite Section 6. Try these from the free papers:

1. Which of the following can be transferred under Section 6 of the Transfer of Property Act, 1882?
2. In Jumma Masjid, Mercara v. Kodimaniandra Deviah (1962), the Supreme Court considered the relation between Sections 6(a) and 43 of the Transfer of Property Act, 1882. It held that:
3. Consider the following statements under Section 6 of the Transfer of Property Act, 1882: 1. An easement cannot be transferred apart from the dominant heritage. 2. A mere right of re-entry for breach of a condition subsequent cannot be transferred even to the owner of the property affected by it. 3. A right to future maintenance cannot be transferred, in whatever manner it arises, is secured or is determined. 4. Stipends allowed to military, naval, air-force and civil pensioners of Government cannot be transferred. Which of the statements given above is/are correct?