Property is very valuable in human lives, not just in terms of money and possessions but also in terms of emotional value. It not only instills a sense of monetary worth but also provides us a sense of stability and security.
The idea of what can be transferred is covered in section 6 of transfer of property act 1882. In general, property and interests in property are transferable. However, it should be noted that this transferability is predicated on the legal principle known as “alienation rei prefertur juri accrescendi,” which states that the law favors alienation over accumulation.
section 6 of transfer of property act explanation
According to Section 6 of transfer of property act, any sort of property may be transferred, unless this Act or any other already enacted legislation specifies otherwise.
Spec Successionis:
- It is mentioned under Section 6(a) of the transfer of property act.
- This spec successionis means an expectation of succession cannot be transferred and if transferred it becomes void.
- For Example: X creates a will and leaves Y the house in it. Y can only inherit this legacy while X is still living, therefore he is unable to transfer the property prior to the will’s taking effect.
- Future possibilities of a similar kind cannot be transferred.
- For instance, lottery or prize money is non-transferable.
Mere Right of Re-entry:
- It is mentioned under Section 6(b) of the transfer of property act.
- The ability to reclaim land that would have been assigned to another person for a specific amount of time is known as the right of re-entry.
- Landlord or lessor may end the lease and give possession of the property to another in the event of any condition being broken. However, he cannot give the right to enter to another party until the agreement is canceled.
Easement apart from Dominant Heritage:
- It is mentioned under Section 6(c) of the transfer of property act.
- An easement is a right that can be used on another person’s land for the mutually beneficial enjoyment of such land.
- Dominant heritage refers to the land for which there is a right of benefit enjoyment. Additionally, the land used to exercise rights is referred to as servient legacy.
- The right to an easement is a culturally dominant right, not an individual one. It is not transferable or separate.
Restricted Interest:
- It is mentioned under Section 6(d) of the transfer of property act.
- According to this section, someone cannot transfer anything to him that has restrictions on how they can enjoy it.
- For example: If, for a few days, A offered B his land in exchange for B’s daughter becoming married. Following their marriage, B gifted C land. This transfer is not valid.
Right to Maintenance in the Future:
- It is mentioned under Section 6(dd) of the transfer of property act.
- The maintenance subsection has established that the right to future maintenance is granted only for the individual’s own benefit and cannot be transferred to another person.
Mere Right to Sue:
- It is mentioned under Section 6(e) of the transfer of property act.
- Suing someone is an actionable claim.
- A claim that is transferable and for a specific sum of money is called an actionable claim.
- But the ability to sue for an ambiguous or unspecified amount of money is not transferable.
Public Office:
- It is mentioned under Section 6(f) of the transfer of property act.
- First and foremost, it should be mentioned that a public official is not transferable.
- Similarly, it is not possible to transfer a police officer’s paycheck, either before or after it is due.
Pensions and Stipends:
- It is mentioned under Section 6(g) of the transfer of property act.
- Government stipends for the armed forces, navy, air force, and civil sector, as well as political pensions, cannot be transferred.
- Pensions are given for dependents and family members as well as for prior personal service.
Transfer of Opposed to Nature of Interest:
- It is mentioned under Section 6(h) of the transfer of property act.
- If a transfer goes against the nature of the interest that is being impacted, it cannot be made.
- As a result, items allocated for public, religious, or service purposes cannot be transferred.
Untransferable Right of Occupancy:
- It is mentioned under Section 6(i) of the transfer of property act.
- A tenant’s right to occupy their space and a farmer’s stake in agricultural land are two examples of rights that are declared inalienable.
Landmark case laws on section 6 of transfer of property act
- In Sethupathi v Chidambaram’s case, it was decided that the ability to sue alone is an immutable right. Here, the phrase “mere” denotes that the transferee has just acquired the legal right to sue and has not grown any further.
- In Ananthayya v Subba Rao’s case, the court determined that this clause would not apply in situations where two people have an agreement wherein one of them agreed to give his brother a specific percentage of his income in exchange for the brother providing for him.
Section 6 of transfer of property act discusses the different items that will be void upon transfer. These are the things that make the property transfer legitimate aside from them.
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