The Transfer of Property Act of 1882 was created specifically to establish a thorough set of guidelines for property transfers. It provides a clear and comprehensive explanation of the laws governing property transfer and the components involved. According to this act, the property must be 'transferable' in order to be transferred. However, there are some properties which cannot be transferred under transfer of property act.
What kind of property cannot be transferred?
The Transfer of Property Act's general principle states that any property, whether movable or immovable, can be transferred. However, there are a few things that cannot be transferred under transfer of property act;
Any probability of an apparent heir inheriting an estate, any likelihood of a relative inheriting a legacy upon the passing of a kin, or any other chance of a similar sort cannot be transferred.
a simple right of re-entry for any condition breach that cannot be shared with anybody other than the property's owner who is impacted.
An easement cannot be transferred apart from dominant heritage.
The owner is prohibited from transferring any rights to real estate that are tied to his own use. Even a future maintenance right cannot be transferred, regardless of how it arises, is secured, or is decided.
A simple lawsuit right cannot be transferred.
The salary of a public employee cannot be transferred, either before or after it becomes payable.
The military's allowances for the Navy, Air Force, and political pensions cannot be transferred.
No transfer can be made, in so far as it is opposed to the nature of the interest thereby affected or for an unlawful object and consideration under Section 23 of the Indian Contract Act, 1872 or to a person legally qualified to be a transferee.
I hope by now you have got an idea about the properties which cannot be transferred under transfer of property act. The benefits, gains, maintenance, etc. are not transferable under the Transfer of Property Act since they are personal benefits that the individual receives and cannot be transferred to another person. If he does, then the transfer is void.
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What Kind of Property Cannot be Transferred?
Tina
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2023-05-15T20:52:02+00:00 2023-05-15T21:04:42+00:00Comment
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